§ 20.6. Standard Plat Language, Notes, Bonds and Acceptance Forms

When submitting any plat, bond, acceptance form or any other legal instrument required by this UDC, the standardized language, notes and forms of this section shall be utilized, when and where applicable.

Ownership Certificate

The purpose of the ownership certificate is to identify the owner and provide the Volume and Page of Deed Records, verifying the ownership. When the property owner is a corporation, typically an agent is authorized to sign for the corporation, using the following format. When one property owner is an individual or several individuals, the following format should be used.

Legal Descriptions

A "short legal" may be used for replats when all of the lots are included in the replat, and exterior boundaries do not change.

A "long legal" is used when property has never been platted, or when establishing exterior boundaries.

Surveyor's Certificate :

Engineer's Certificate :

An engineer's certificate is required in all cases except when the plat does not require engineering considerations.

Owner's Acknowledgment :

STATE OF TEXAS §

COUNTY OF GUADALUPE §

The owner of land shown on this plat, in person or through a duly authorized agent, dedicates to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.

 

          
Owner

 

          
Duly Authorized Agent

STATE OF TEXAS §

COUNTY OF GUADALUPE §

Before me, the undersigned authority on this day personally appeared     (name)     known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this ___ day of ___________, ___.

(NOTARY SEAL)

 

          
Notary Public
State of Texas

Certificate of Approval by City Engineer

Approved on this the ___ day of ___________, 20___, by the City Engineer, City of Cibolo, Texas.

 

(PROFESSIONAL SEAL)

         
City Engineer, City of Cibolo

Approval of the Planning and Zoning Commission :

Approval of the City Council :

This plat of            has been submitted to and considered by the City Council of the City of Cibolo, Texas, and is hereby approved by such City Council.

Dated this ___________ day of ___________, ___.

By:           
    Mayor

By:           
    City Secretary

Approval of the City Planner (Minor Plats Only) :

This plat of            has been submitted to and considered by the Planning Development Services Department of the City of Cibolo, Texas, and is hereby approved.

 

Dated this ___ day of ___________, ___.

 

By:           
    City Planner/Director of Planning and Engineering Department

Plat Vacation Instrument

Dedication Statement

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:

THAT                       acting herein by and through its duly authorized officers, does hereby adopt this plat designating the hereinabove described property as            , an addition to the City of Cibolo, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, alleys and public parkland shown thereon. The streets, alleys and parkland are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City of Cibolo. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Cibolo's use thereof. The City of Cibolo and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Cibolo and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone.

If a plat contains a Fire/Fire Lane Easement :

That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard all-weather surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use.

If a plat contains an access easement :

The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Cibolo, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises.

If a plat contains VAM easements :

The area or areas shown on the plat as "VAM" (Visibility, Access, and Maintenance) easement(s) are hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, is successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein.

Drainage and Floodway Easement or Drainage Right-of-Way For Multi-Family, Commercial and Non-Single-Family Residential Subdivisions

STATE OF TEXAS §

COUNTY OF GUADALUPE §

CITY OF CIBOLO §

This plat is hereby adopted by the owners (called "Owners") and approved by the City of Cibolo, (called "City") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successors, and assigns: The drainage and floodway easement as shown and described by bearings and distances on Lot ___________, Block ___________, of the plat is called "Drainage and Floodway Easement." The Drainage and Floodway Easement is hereby reserved for the public's use forever, but including the following covenants with regard to maintenance responsibilities. The existing creek or creeks traversing the Drainage and Floodway Easement will remain as an open channel at all times and shall be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the Drainage and Floodway Easement. The City will not be responsible for the maintenance and operation of said creek or creeks or for any damage or injury to private property or person that results from the flow of water along said creek, or for the control of erosion. No obstruction to the natural flow of stormwater run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Floodway Easement. Provided, however, it is understood that in the event it becomes necessary for the City to channelize or consider erecting any type of drainage structure in order to improve the storm drainage, then in such event, the City shall have the right, but not the obligation, to enter upon the Drainage and Floodway Easement at any point, or points, with all rights of ingress and egress, to investigate, survey, erect, construct, or maintain any drainage facility deemed necessary by the City for drainage purposes. Each property owner shall keep the natural drainage channels and creeks traversing the Drainage and Floodway Easement adjacent to his property clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City of Cibolo shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage channels and creeks through the Drainage and Floodway Easement, as in the case of all natural channels, are subject to stormwater overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages or injuries of any nature resulting from the occurrence of these natural phenomena, nor resulting from the failure of any structure or structures, within the natural drainage channels, and the Owners hereby agree to indemnify and hold harmless the City from any such damages and injuries. Building areas outside the Drainage and Floodway Easement line shall be filled to a minimum elevation as shown on the plat. The minimum floor elevation for each lot shall be as shown on the plat.

Drainage and Floodway Easement or Drainage Right-of-Way For Plats Where Floodplain or Drainage Easements are Maintained by a Homeowners Association

STATE OF TEXAS §

COUNTY OF GUADALUPE §

CITY OF CIBOLO §

This plat is hereby adopted by the owners (called "Owners") and approved by the City of Cibolo, (called "City") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successor, and assigns: Lot ___________, Block ___________, as shown on the plat is called "Drainage and Floodway Easement." The Drainage and Floodway Easement is hereby reserved for the public's use forever, but including the following covenants with regard to maintenance responsibility. The existing creek or creeks traversing the Drainage and Floodway Easement shall remain as open channels at all times and shall be maintained by all of the owners of lots in the subdivision by and through a lawfully created homeowners association to be created by the Owners. The Owners covenant and agree that such a homeowners association (called "Association") shall be created prior to the final acceptance of the City. All Association documents shall be subject to the approval of the City and shall specifically contain covenants binding the Association to continuously maintain the Drainage and Floodway Easement. Such covenants shall not relieve the individual lot owners of the responsibility to maintain the Drainage and Floodway Easement should the Association default in the performance of its maintenance responsibility. The Association documents shall also contain provisions that they may not be amended with regard to the Drainage and Floodway Easement maintenance responsibilities without the approval of the City. The fee simple title to the Drainage and Floodway Easement shall always remain in the Association. The City will not be responsible for the maintenance and operation of said creek or creeks or for any damage or injury to private property or person that results from the flow of water along said creek, or for the control of erosion. No obstruction to the natural flow of stormwater run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Floodway Easement. Provided, however, it is understood that in the event it becomes necessary for the City to consider channelizing or erecting any type of drainage structure in order to improve the storm drainage, then in such event, the City shall have the right, but not the obligation, to enter upon the Drainage and Floodway Easement at any point, or points, with all rights of ingress and egress to investigate, survey, or to erect, construct, and maintain any drainage facility deemed necessary for drainage purposes. The Owners and the Association shall keep the natural drainage channels within the Drainage and Floodway Easement free of debris, silt, or any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the Owners and the Association to alleviate any undesirable conditions which may occur. The creeks and natural drainage channels through the Drainage and Floodway Easement, as in the case of all natural channels, are subject to stormwater overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be liable for any damages and injuries of any nature resulting from the occurrence of these natural phenomena, nor resulting from the failure of any structure or structures, within the Drainage and Floodway Easement, and the Owners hereby agree to indemnify and hold harmless the City from any such damages and injuries. Building areas outside the Drainage and Floodway Easement shall be filled to a minimum elevation as shown on the plat.

Drainage and Floodway Easement For Plats Not Governed by a Homeowners Association

STATE OF TEXAS §

COUNTY OF GUADALUPE §

CITY OF CIBOLO §

This plat is hereby adopted by the owners (called "Owners") and approved by the City of Cibolo, (called "City") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successors, and assigns: Lot ___________, Block ___________, as shown on the plat is called "Drainage and Floodway Easement." The Drainage and Floodway Easement is hereby reserved for the public's use forever for drainage and floodway purposes. All Owner documents shall specify, confirm and bind the Owner(s) to continuously maintain the Drainage and Floodway Easement and shall relieve the individual lot owners and City of Cibolo of the responsibility to maintain the Drainage and Floodway Easement. The fee simple title to the Drainage and Floodway Easement shall always remain in the Owner(s). The City will not be responsible for the maintenance and operation of said creek or creeks or for any damage or injury to private property or person that results from the flow of water along said creek, or for the control of erosion. The Owners shall not obstruct the natural flow of stormwater run-off by the construction of any type of building, fence, or any other structure within the Drainage and Floodway Easement. The City shall at all times have the right to enter upon the Drainage and Floodway Easement, at any point, or points, with all rights of ingress and egress, to investigate, survey, erect, construct, and maintain any facility deemed necessary by the City for drainage purposes. The drainage channels and creeks, as in the case of all natural channels, are subject to stormwater overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages or injuries of any nature resulting from the occurrence of these natural phenomena, nor resulting from the failure of any structure or structures, within the Drainage and Floodway Easement, and the owners hereby agree to indemnify and hold harmless the City from any such damages and injuries. The building areas outside of the Drainage and Floodway Easement shall be filled to a minimum elevation as shown on the plat. The minimum floor elevation for each lot shall be as shown on the plat.

AMENDED PLAT
CERTIFICATE OF APPROVAL

CERTIFICATE OF APPROVAL

PRIVATE STREETS

NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:

1.

That              ("Owner"), acting herein by and through its duly authorized officer, does hereby adopt this plat designating the herein described property as              , an addition to the City of Cibolo, Texas (the " City "), and does hereby dedicate to the City: (i) easements for the purposes shown on this plat and for the mutual benefit, use, and accommodation of all public utility entities including the City providing services to the addition created hereby and desiring to use or using the same, and also an easement and right-of-way, under, across, and upon Block ___________, Lot ___________ shown hereon for the construction, installation, maintenance, operation, inspection, removal, and reconstruction of the facilities, equipment, and systems of such public utility entities; and (ii) for the use, benefit, and accommodation of the City, an easement and right-of-way, under, across, and upon Block ___________, Lot ___________ shown hereon for any purpose related to the exercise of a governmental service or function including, but not limited to, fire and police protection, garbage collection, inspection and code enforcement, and the removal of any vehicle or obstacle that impairs emergency access. Block ___________, Lot ___________ and all streets shown hereon are private streets and are not dedicated for use as public streets, or rights-of-way and the public shall have no right to use any portion of such private streets. Owner acknowledges that so long as the streets and related improvements constructed on Block ___________, Lot ___________ shown hereon shall remain private, certain City services shall not be provided on said private streets including, but not limited to, street cleaning, routine police patrols, enforcement of traffic and parking ordinances, and preparation of accident reports. Except for private streets and related improvements, no buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across the easements dedicated herein. The City and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other prohibited improvements or growths which may in any way endanger or interfere with their respective easements. In addition, the City shall have the right to remove and keep removed any vehicle or obstacle that impairs emergency access to its easement. The City and public utility entities shall at all times have the full right of ingress and egress to and from their respective easements without the necessity at any time of procuring permission from anyone. The use, by the City and public utility entities, of their respective easements shall not unreasonably interfere with the rights of property owners and the homeowners association (the "Association") in and to Block ___________, Lot ___________ shown hereon as set forth in the "Declaration of Covenants, Restrictions, and easements for the ", dated ___________, recorded in Guadalupe County Recorder Volume ___________, Page___________, of the official Land Records of Guadalupe County, Texas (the " Declaration ").

2.

That the Association agrees to release, indemnify, defend, and hold harmless the City and any governmental entity or public utility entity that owns public improvements within the addition created by this plat (collectively, the " Indemnities ") from and against any claims for damages to the private streets, restricted access gates and entrances, and related appurtenances (collectively, the " Private Streets ") caused by the reasonable use of the Private Streets by the Indemnities. This paragraph 2 does not apply to damages to the Private Streets caused by the design, construction, or maintenance, or any public improvements owned by any of the Indemnities.

3.

That the Association agrees to release, indemnify, defend, and hold harmless the Indemnities from and against any claims for damages to property and injury to persons (including death) that arise out of the use of the Private Streets by the Indemnities and that are caused by the failure of the Association to design, construct, or maintain the Private Streets in accordance with City standards. The indemnification contained in this paragraph 3 shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the Indemnities or their respective officers, employees, or agents.

4.

That the owner of each lot shown on this plat agrees to release the Indemnities from claims for damages to property and injury to persons (including death) that arise out of the use of the Private Streets by the Indemnities and that are caused by the failure of the Association to design, construct, or maintain the Private Streets in accordance with City standards.

5.

That the obligations of the Association and lot owners set forth in paragraphs 2, 3, and 4 above shall immediately and automatically terminate when the streets and other rights-of-way have been dedicated to and accepted by the City.

6.

That no improvements shall be constructed or installed in the ___________ Wall and Wall Maintenance Easement on Block ___________, Lot ___________ except for fencing, landscaping, underground drainage pipes, and underground sprinkler system.

7.

That if Block ___________, Lot ___________ in the future becomes a public street as provided in the Declaration, Owner dedicates to the City a sidewalk easement on the portions of Block ___________, Lot ___________ on which a sidewalk is installed connecting the sidewalk on Block ___________, Lot ___________ into public sidewalks on             , together with (a) the area lying between such sidewalks and the lot line of Block ___________, Lot ___________, and (b) the area lying within two feet of the other side of the sidewalks.

This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Cibolo, Texas.

WITNESS MY HAND, this day of ___, 20___

By: ___________

Owner/Developer

Easement Note for Patio Homes and Single-Family Attached Residences

An easement for the benefit of each lot is hereby reserved over, across, and upon each lot adjoining to such lot for roof overhangs not exceeding two feet in width, and brick ledges which support exterior veneer walls and associated brick and veneers not exceeding six inches in width.

Conveyance Plat Note

Conveyance plats must be titled "Conveyance Plat" and carry the following wording:

A conveyance plat is a record of property approved by the city for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued, nor permanent public utility service provided, until a final plat is approved, filed of record, and public improvements accepted in accordance with the provisions of the Unified Development Code of the City of Cibolo. Selling a portion of this property by metes and bounds, except as shown on an approved, filed, and accepted conveyance plat, final plat, or replat is a violation of the City of Cibolo UDC and State law.

Deed Restrictions Statement for Replats

To be processed as a replat "without property owner notification", and be controlling over the previous plat without vacating the previous plat the submittal must meet the following condition, and the following statement must be shown and certified to/by the property owner.

This statement is only used when replatting nonresidential zoned property. Is should follow the dedication statement because the property owner is certifying to the statement.

PERFORMANCE BOND

THE STATE OF TEXAS §

THE COUNTY OF GUADALUPE §       § KNOW ALL MEN BY THESE PRESENTS:

THAT WE ,                , as Principal, hereinafter called the "Developer" and the other subscriber hereto, as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Cibolo, a municipal corporation, in the sum of                Dollars ($   ) for the payment of which sum, well and truly to be made to the City of Cibolo and its successors, the said Developer for and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT :

WHEREAS , the Developer has on or about this day executed a Contract in writing with the City of Cibolo for all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein.

NOW THEREFORE , if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of Contract and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect.

It is further understood and agreed that the Surety does hereby relieve the City of Cibolo or its representatives, from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, and the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of Cibolo shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of Cibolo shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree.

It is further expressly agreed by Surety that the City of Cibolo or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done there under, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done there under; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety there from.

It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of Cibolo from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract.

If the Contract Price is greater than $1.2 million and in the event that the City of Cibolo shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the sum of 10 percent of whatever amount may be recovered by the City in suit or legal proceeding, which sum of 10 percent is agreed by all parties to be indemnity to the City for the expense of or time consumed by its City Attorney, his assistants, and office force, and other cost and damage occasioned to the City. This amount of 10 percent is fixed and liquidated by the parties, it being agreed by them that the exact damage to the City would be difficult to ascertain.

This bond and all obligations created hereunder shall be performable in Guadalupe County, Texas. This bond is given in compliance with the provisions of Article 5160, Revised Civil Statutes of Texas, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party.

IN WITNESS THEREOF , the said Developer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney.

Maintenance/Warranty Bond

STATE OF TEXAS §

COUNTY OF GUADALUPE §

CITY OF CIBOLO §

KNOW ALL MEN BY THESE PRESENTS:

That we, ___________ the undersigned subdivider, as Principal, and                       , as Surety, do hereby acknowledge ourselves to be held and firmly bound unto the City of Cibolo, a municipal corporation of the County of Guadalupe and State of Texas, in the full and just sum of $___________(being ten (10%) percent of the estimated cost of the hereinafter enumerated site improvements) for the payment of which well and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has petitioned the City Council of the City of Cibolo for permission to develop a subdivision within the jurisdiction of the City of Cibolo, more particularly described as follows, to wit: (Legal Description), which is shown on a subdivision plat, entitled                Subdivision, heretofore conditionally approved by the Planning and Zoning Commission of The City of Cibolo on ___________20___; and

WHEREAS, under the provisions of the City of Cibolo Unified Development Code, the City Council of the City of Cibolo requires, as a condition precedent to the granting of such petition, that the Principal a guarantee that he will maintain and cause to be maintained, in good condition according to the requirements of such subdivision ordinance, and to correct any and all deficiencies not in accordance with the approved plans and specifications as may be noted, the following site improvements for a period of one (1) year after acceptance of the construction thereof by the City Council or until such time as such improvements have been accepted (final) by the City, whichever is the latter:

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall maintain or correct, and cause to be maintained or corrected, the above mentioned improvements in accordance with the requirements of the City of Cibolo subdivision ordinance, and the amendments thereto, if any, for the period of one (1) year after the acceptance of the construction thereof by the City Council of the City of Cibolo, or until said improvements have been accepted (final) by the City Council of Cibolo, then this obligation shall be void: otherwise, the obligations made under this bond will remain in full force and effect.

IN TESTIMONY WHEREOF, WITNESS OUR HANDS and seal, this the ___________ Day of ___________, 20___.

              Subdivider and Principal
Surety
By:              
Attorney in Fact

APPROVED AND ACCEPTED, THIS THE ___ DAY OF ____________ 20____.

CITY OF CIBOLO

BY: ________________________________

TITLE: ________________________________

Original - City

Duplicate - Owner

Triplicate - City

Preliminary Acceptance

PART I

DEVELOPER PETITION FOR PRELIMINARY ACCEPTANCE OF PUBLIC IMPROVEMENT(S) FOR: ( Name/Section of Development ).

STATE OF TEXAS §

COUNTY OF GUADALUPE §

CITY OF CIBOLO §

WHEREAS,            , hereinafter called Owner, is the owner of the land described as            Subdivision, desires to file this, his (its) Petition, with the City Council of the City of Cibolo. This petition is being filed in accordance with the terms and provisions of the current Regulations.

NOW THEREFORE, KNOW ALL MEN BY THOSE PRESENT THAT ___________ (Owner) respectfully files this, a Petition with the City Council of the City of Cibolo for Preliminary Acceptance of the following described public improvements (list each improvement, the length of each improvement and the valuation of each improvement):

Water:

Sanitary Sewer:

Drainage:

Street:

Other:

OWNER, in filing this petition, sets forth the following information as required in current Regulations:

A.

Attached hereto as Exhibit "A" is a true and correct copy of the itemized construction costs of the above described project (s). Construction was accomplished by:

Contractor Name                     

at a total cost of $                      .

B.

Attached as Exhibit "B" are two (2) true and correct copies of "as built" drawings certified to by a registered professional engineer.

C.

Attached as Exhibit "C" are two (2) true and correct copies of field density tests and material source tests, certified by a recognized testing laboratory (Exhibit "C" is required only for street and alley improvements).

OWNER GUARANTEES:

A.

All materials and workmanship to be in accordance with approved plans and specifications prescribed by the City, and

B.

To correct any and all deficiencies not in accordance with approved plans and specifications as may be noted until final acceptance by the City Engineer and City Council.

IN TESTIMONY WHEREOF, WITNESS OUR HANDS and seal this, the ___ Day of ___________, 20___.

                
Subdivider and Principal

Surety By: ___________

Attorney in Fact

APPROVED AND ACCEPTED, THIS THE ___________ day of ___________ 20___.

CITY OF CIBOLO

BY: ___________

TITLE: ___________

Original - City

Duplicate - Owner

Triplicate - City

Final Acceptance

PART II

DEVELOPER PETITION FOR FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT(S),

FOR: ( Name/Section of Development ).

WHEREAS, the City Council of the City of Cibolo, Texas approved the Preliminary Acceptance of the improvements listed in Part I Petition for:

                      Subdivision; and

WHEREAS, the owner has maintained such improvements in good condition for at least one year from date of acceptance by the City Council; and

WHEREAS, the owner has corrected all deficiencies reported by the City of Cibolo,

It is therefore requested that final inspection be made of said improvements, that Final Acceptance be approved by the City Council of the City of Cibolo, and that the Owner be relieved of any further obligation to maintain or cause to maintain such improvements.

                     
(Date)

By           
(Owner)

Original - City

Duplicate - Owner

Triplicate - City

Final Acceptance

PART III

FINAL ACCEPTANCE

The above improvements listed in the petition have been inspected as required by current regulations, all required maintenance has been performed, and all noted deficiencies have been corrected. I recommend that the improvements described in the petition be accepted by the City of Cibolo and all maintenance on said improvements be assumed by the City .

___________ ___________
    (Date)  City Engineer, City of Cibolo, Texas

APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, ON THIS, THE ___________ DAY OF, ___________ 20___ AD.

               
Mayor, City of Cibolo, Texas

               
City Secretary, City of Cibolo, Texas

Original - City

Duplicate - Owner

Triplicate - City