ORD 1282 08/27/2019 OF C/�
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"City of Choice"
ORDINANCE NO. /a,69
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS,
DECLARING A PUBLIC NECESSITY TO ACQUIRE REAL PROPERTY INTERESTS IN
CERTAIN PROPERTIES AS INDICATED IN ATTACHMENT 1 AND AUTHORIZING ALL
APPROPRIATE ACTION OF THE CITY IN THE INSTITUTION AND PROSECUTION OF
CONDEMNATION PROCEEDINGS TO ACQUIRE SUCH PROPERITES THAT CANNOT
BE ACQUIRED THROUGH NEGOTIATION FOR THE SOUTH MAIN STREET ROADWAY
IMPROVEMENTS PROJECT; RATIFYING AND AFFIRMING ALL PRIOR ACTS AND
PROCEEDINGS DONE OR INITIATED BY ATTORNEYS,AGENTS AND EMPLOYEES OF
THE CITY TO ACQUIRE SUCH PROPERTIES; AUTHORIZING ALL OTHER LAWFUL
ACTION NECESSARY OR INCIDENTAL TO SUCH ACQUISITIONS OR EMINENT
DOMAIN PROCEEDINGS TO INVESTIGATE, SURVEY, SPECIFY, DEFINE, APPRAISE,
AND SECURE THE NECESSARY FEE SIMPLE TITLES, UTILITY EASEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS TO SAID PRIVATELY OWNED REAL
PROPERTIES; AUTHORIZING THE CITY ATTORNEY TO TAKE ALL STEPS
NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH
ALL APPLICABLE LAWS AND REGULATIONS, SPECIFICALLY INCLUDING CHAPTER
21 OF THE TEXAS PROPERTY CODE; DECLARING THE SECTIONS OF THE
ORDINANCE TO BE SEVERABLE ONE FROM THE OTHER IN THE EVENT ANY
SECTION OF THIS ORDINANCE IS DETERMINED TO BE INVALID AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED, BY A
RECORD VOTE, IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Cibolo has determined that a public necessity exists
for the construction of improvements associated with the SOUTH MAIN STREET ROADWAY
IMPROVEMENTS PROJECT (the " Project") and that the public welfare and benefit would be
served by the acquisition of certain real property interests in properties(the"Properties")described
and depicted under Attachment Number 1; and
WHEREAS, the City Council has determined it necessary, in the event(s) the City is unable to
reach agreement with the owner(s) of Properties on an amount of just compensation to be paid to
such owner(s) for the City' s acquisition of the parcels of land held by such owner(s), to institute
proceedings in condemnation to acquire the above-stated property interests and wishes to authorize
the City Attorney to cause to be filed the necessary instruments pursuant to applicable law in order
to acquire the above-stated property interests;
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS, as follows:
Section 1. The facts and opinions in the preamble of this Ordinance are true and correct and are
incorporated for all purposes to this Ordinance.
Section 2. The City Council of the City of Cibolo, Texas,hereby determines that there is a public
necessity for the Project, and the public welfare and benefit will be served by the acquisition of
the Properties as part of the Project for the purpose of constructing a roadway Project.
Section 3. The Properties for this Project are required for the construction, operation,
reconstruction, improvement, repair and maintenance, of the SOUTH MAIN STREET
ROADWAY IMPROVEMENTS PROJECT, are described in "Attachment Number 1", which is
attached to and is made a part of this Ordinance for all purposes, SAVE AND EXCEPT ANY OIL,
GAS OR OTHER MINERALS IN, ON OR UNDER OR PRODUCED FROM SAID
PROPERTIES, WHICH MAY BE REMOVED FROM BENEATH SAID PROPERTIES
WITHOUT ANY RIGHT WHATSOEVER REMAINING TO THE OWNER(S) OF SAID OIL,
GAS OR MINERALS OF INGRESS OR EGRESS TO OR FROM THE SURFACE OF SAID
PROPERTIES FOR THE PURPOSE OF EXPLORING, DEVELOPING, DRILLING, OR
PRODUCTION OF SAME.
Section 4. The City Council of the City of Cibolo,Texas does hereby authorize the City Attorney,
in the event(s)the City is unable to reach agreement with the owner(s)of Properties on an amount
of just compensation to be paid to such owner(s) for the City' s acquisition of the parcels of land
held by such owner(s),to initiate proceedings in condemnation to acquire the real property interests
as described and depicted in Attachment Number 1 to this ordinance by the filing of necessary
pleadings in an appropriate court of law in Guadalupe County,Texas.
Section 5. The City Council of the City of Cibolo, Texas further finds that legal proceedings for
condemnation of the property interests relating to the Project are in compliance with the requisites
of law in that such condemnation is not to confer, nor is a pretext to confer, a private benefit on a
particular party, and is not primarily for economic benefit, but that such property is necessary for
needed infrastructure and serves a public use.
Section 6.All acts and proceedings done or initiated by the employees,agents and attorneys of the
City for the acquisition of such property interests rights are hereby authorized, ratified, approved,
confirmed and validated and declared to be valid in all respects as of the respective dates of such
acts and proceedings,with and in regard to the parties from whom such rights are being purchased
or acquired.
Section 7. Severability: If any provision, section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance
shall not be affected thereby, it being the intent of the City Council in approving this Ordinance
that no portion hereof, or provisions or regulation contained herein, shall become inoperative or
fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions
of this Ordinance are declared to be severable for that purpose.
Section 8. All ordinances and agreements and parts of ordinances and agreements in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 9. It is hereby found and determined that the meeting at which this Ordinance was passed
was open to the public and that advance public notice of the time, place and purpose of said
meeting was given as required by law.
PASSED AND APPROVED the 27 day of August, 2019.
Stosh Bob
Mayor
ATTEST
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Peggy Cimics, TRMC
City Secretary
APPROVED AS TO FORM:
Frank Garza
City Attorney
NOTES:
1. THE COORDINATES AND BEARINGS ARE BASED ON THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE SOUTH CENTRAL
ZONE FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83
(NA2011) EPOCH 2010.00.
LEGEND:
O.P.R. OFFICIAL PUBIC RECORDS OF REAL PROPERTY
OF GUADALUPE COUNTY, TEXAS
PLAT PLAT RECORDS OF GUADALUPE COUNTY, TEXAS
FD. FOUND
I.R. IRON ROD 40' o' 20' 40'
EASEMENT A
PORTION OF 146.52 ACRES
HM GBOLO 151, L.P.
VOLUME 3135, PAGE 980, OPR L3 SCALE: 1"= 40'
FD. A I.R.
CALLED 1.000 ACRE LINE TABLE
MIKE MORRIS & CYNTHIA KURKOWSKI �4�P LINE BEARING LENGTH
VOLUME 2771, PAGE 342 OPR
L1 S59'37'50"W 21.16'
SYMBOL LEGEND �� L2 N3431'17"W 208.22'
6 MB MAILBOX �� L3 N59'32'1 1"E 22.40'
m UP UTILITY POLE z L4 S34'10'49"E 208.17'
0 1
L& FH FIRE HYDRANT
OW WM WATER METER
—OHL— OVERHEAD UTILITY LINE
31.9
WOOD FRAME RESIDENCE
#303 S. MAIN ST. v J
i
OH 0
EASEMENT A 1-33.B.
—33.B. B
30' WATER LINE EASEMENT CONCRETE
VOLUME 1631, PAGE 833, OPR DRIVEWAY
AMENDED IN
VOLUME 1656, PAGE 536, OPR
0.104 OF
�H
AN ACRE
(4,523 SQUARE FEET
MORE OR LESS)
FD. yt I.R.
OHU—
L1
PORTION OF 146.52 ACRES
HM CIBOLO 151, L.P.
VOLUME 3135, PAGE 980, OPR
EASEMENT A
a
o EXHIBIT OF
PROPOSED RIGHT-OF-WAY PARCEL
BEING 0.104 OF AN ACRE,OR 4,523 SQUARE FEET MORE
PAPE-DAWSON OR LESS,TRACT OF LAND OUT OF A CALLED 1.000 ACRE
E OF LAND DESCRIBED IN DEED RECORDED IN VOLUME
ENGINEERS 2771, PAGE 342 OF THE OFFICIAL PROPERTY RECORDS
OF GUADALUPE COUNTY,TEXAS. w
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NOTES:
1. THE COORDINATES AND BEARINGS ARE BASED ON THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE SOUTH CENTRAL
ZONE FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83
(NA2011) EPOCH 2010.00.
LEGEND:
O.P.R. OFFICIAL PUBIC RECORDS OF REAL PROPERTY
OF GUADALUPE COUNTY, TEXAS
PLAT PLAT RECORDS OF GUADALUPE COUNTY, TEXAS
FD. FOUND
I.R. IRON ROD V 20'
EASEMENT A
PORTION OF 146.52 ACRES
HM GBOLO 151, LP.
VOLUME 3135, PAGE 980, OPR L3 SCALE: 1"= 40'
FD. 1¢ I.R.
CALLED 1.000 ACRE UNE TABLE
MIKE MORRIS do CYNTHIA KURKOWSKI ��P LINE BEARING LENGTH
VOLUME 2771, PAGE 342, OPR o�
L1 S59'37'50"W 21.16'
SYMBOL LEGEND � L2 N34'31'17"W 208.22'
fd MB MAILBOX � L3 N59'32'11"E 22.40'
• UP UTILITY POLE z < L4 S34'1O'49"E 208.17'
0
C& FH FIRE HYDRANT f 3
� c
OW WM WATER METER
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—OHU— OVERHEAD UTILITY UNE
/ 31.9
WOOD FRAME RESIDENCE
/303 S. MAIN ST. J
0
EASEMENT A
F� 33.8' B
30' WATER LINE EASEMENT CONCRETE
VOLUME 1631, PAGE 833, OPR DRIVEWAY
AMENDED IN
VOLUME 1656, PAGE 536, OPR
0.104 OF wv,
FH
AN ACRE
(4,523 SQUARE FEET
MORE OR LESS)
FD. }t I.R.
OHU—
L1
PORTION OF 146.52 ACRES
HM CIBOLO 151, L.P.
VOLUME 3135, PAGE 980, OPR
EASEMENT A
EXHIBIT OF
PROPOSED RIGHT-OF-WAY PARCEL
BEING 0.104 OF AN ACRE,OR 4,523 SQUARE FEET MORE
PAPE-DAWSON OR LESS,TRACT OF LAND OUT OF A CALLED 1.000 ACRE
E$ OF LAND DESCRIBED IN DEED RECORDED IN VOLUME
$� rd
ENGINEERS 2771, PAGE 342 OF THE OFFICIAL PROPERTY RECORDS
s OF GUADALUPE COUNTY,TEXAS. w
U
SAN ANTONIO I AUSTIN I HOUSTON I FONT WORTH I GALLAS z
;a 2000 NW LOOP 410 1 SAN ANTONIO,TX 78213 1 210.376.9000 SHEET 1 OF 1 w
TSPE FIRM REGISTRATION 1470 I TSPLS FIRM REGISTRATION f1002SS00 MAY 21, 2019 JOB No.: 8671-01 W
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