RES 1402 03/23/2010 J o r C,
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Texas
-Ciel of Choice"
RESOLUTION NO. 1402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS, AUTHORIZING THAT THE ABANDONED ROAD WOULD BE USED
FOR DRAINAGE OF THE CIBOLO VALLEY DRIVE SOUTH PROJECT;
DETERMINING THE PUBLIC NECESSITY; AUTHORIZING THE
ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE DRAINAGE
OF THE CIBOLO VALLEY DRIVE SOUTH PROJECT; AUTHORIZING AND
RATIFYING THE APPOINTMENT OF AN APPRAISER AND NEGOTIATOR
AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF
CIBOLO TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE
PROPERTY RIGHT TO BE ACQUIRED; AUTHORIZING THE CITY
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLAINCE WITH ALL APPLICABLE LAWS AND
REGULATIONS, INCLUDING MAKING A FINAL OFFER FOR THE
PURCHASE OF THE PROPERTY; AND, FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Cibolo, Texas, has previously
authorized HRM Associates research deeds and titles back to 1902 to determine
ownership of the approximately .5655 acres or 24,631.04 square feet more or less of land
City of Cibolo, Texas; and
WHEREAS, this project was recommended by the City staff in order to provide
necessary drainage from Cibolo Valley Drive South Project through this abandoned road
and into the drainage barrow ditch that parallels F.M. 1103, in Cibolo, Texas to improve
the general welfare, health and public safety of the Citizens of the City of Cibolo, Texas
and the general public at large and it is recommended that the City acquire all necessary
property rights for the project; and
WHEREAS,the City Council has considered this project and has determined that
a public necessity exists for this project and a need for the acquisition of certain property
rights for this project; and
WHEREAS, the City of Cibolo has in good faith attempted to purchase the
property needed for this drainage of the Cibolo Valley Drive South Project; and
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WHERESAS, The City Council finds that the appraisal constitutes fair market
value from the acquisition of approximately .5655 acres or 24,631.04 square feet more or
less. This tract of land is situated in the City of Cibolo, Guadalupe County, Texas out of
the A.S. Lewis Survey No. 78, Abstract 216, and being the same road shown on
subdivision plats of the M.O. Grooms Addition recorded in Volume 2, Page 140, and the
Woods Subdivision recorded in Volume 5, Page 390 A, Guadalupe County Plat Records;
and being recognized as an abandoned road in lands conveyed from Otto and Olivia
Krickhahn to Herbert Krickhahn in Volume 564, Page 281, and Olivia Krickhahn
Revocable Trust to Krickhahn Etc. Enterprises, LLC in Volume 1982, Page 742,
Guadalupe County Deed Records, Guadalupe County, Texas, .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CIBOLO, TEXAS:
SECTION 1. That the City Council hereby finds and determines that a public
purpose and necessity exists for the City of Cibolo to provide additional drainage through
the abandoned road for the Cibolo Valley Drive South Project, Cibolo, Texas by
obtaining real property rights as described in the recitals herein, and by allowing drainage
through this abandoned road and into the drainage barrow ditch that parallels F.M. 1103
for the Cibolo Valley Drive South Project and to acquire the necessary property rights,
including fee simple title to, in those certain lots, tracts or parcels of land deemed
necessary for construction of the City of Cibolo's Cibolo Valley Drive South Project as
identified in the design plans and specifications, together with all necessary
appurtenances, additions and improvements on, over, under, and through those certain
lots,tracts or parcels of land.
SECTION 2. That the City Manager is authorized and directed to negotiate for
and to acquire the required property rights (up to and including the fee simple title) for
the City of Cibolo, Texas and to acquire said rights in compliance with State and Federal
law. That the City Manager is specifically authorized and directed to do each and every
act necessary to acquire the needed property rights including, but not limited to: the
authority to negotiate, give notices, make written offers to purchase; prepare contracts;
designate a qualified appraiser of the property to be acquired; make a final offer to
purchase; and, where necessary, to institute proceedings in eminent domain and any other
such act performed or to be performed in furtherance of this project performed by the
City Manager under his general authority provided by law, all of which is hereby ratified.
SECTION 3. That the City Manager, or any individual he may so designate, is
appointed as negotiator for the acquisition of this property and, as such, the City Manager
is authorized and directed to do each and every act and deed hereinabove specified or
authorized by reference, subject to the availability of funds appropriated by the City
Council for such purpose. The City Manager is specifically authorized to establish the
just compensation for the acquisition of the property. That, if the City Manager or his
designee determines that an agreement as to damages or compensation cannot be reached,
then the City's Special Legal Counsel - Denton, Navarro, Rocha & Bernal, P.C., as its
attorney or its designee is hereby authorized and directed to file or cause to be filed,
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against the owners and interested parties of the Property, proceedings in eminent domain
to acquire the above stated interest in the Property.
SECTION 4. 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 5. 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 �3> day of ��G r c.� , 2010.
CITY OF CIBOLO, TEXAS
BY:
NNIF A TMAN
MAYOR
ATTEST:
BY:
PEGGY CIMICS
CITY SECRETARY
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