ORD 1421 11/14/2023"City of Choice"
ORDINANCE No. iyai
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, PROVIDING
FOR THE DISANNEXATION OF 2.289 ACRES OF LAND LOCATED AT
545 SEA WILLOW DRIVE, AS TO BE SHOWN IN THE ATTACHED
EXHIBIT, FROM THE CITY LIMITS; AMENDING THE OFFICIAL
CITY LIMITS/ETJ MAP OF THE CITY OF CIBOLO TO REFLECT THE
DISANNEXATION OF THE PROPERTY DESCRIBED HEREIN;
PROVIDING FOR NON -SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas (the "City") is a home -rule municipality; and
WHEREAS, Texas Local Government Code Section 43.142 provides that a home -rule
municipality may disannex an area in the municipality according to rules as may be provided by
the charter of the municipality and not inconsistent with the procedural rules prescribed by
Chapter 43; and
WHEREAS, Section 1.04 of the City Charter provides that the City may disannex territory by
ordinance after a public hearing; and
WHEREAS, the property owners, being the owners of approximately 2.289 acres of land
located within Guadalupe County, Texas petitioned the City for disannexation of said land on
July 17, 2023; and
WHEREAS, the area to be disannexed is 2.289 acres, of land located at 545 Sea Willow Drive
within the City of Cibolo, Guadalupe County, Texas and is the land and territory described in
Exhibit "A"; and
WHEREAS, the City Council finds that the City did not fail or refused to provide services
within the area with a period required by statute or specified in a service plan prepared for the
territory and the property taxes collected by the City was roughly proportional to the amount of
money the City spent for the benefit of the owners; and, therefore, the City shall not be required
to refund any taxes or fees to the owners and the disannexation does not fall under the purview of
Texas Local Government Code Sections 43.141 and 43.148; and
WHEREAS, the City Council finds, that the territory to be disannexed does not include the
disannexation of a road or highway; and
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7362/5 #294715.1
WHEREAS, legal notice notifying the public of a public hearing on the property proposed to be
disannexed, was posted on the City's official website and published in the Seguin Gazette, a
newspaper of general circulation in the City of Cibolo on August 6, 2023, with said publication
provided more than fifteen (15) days prior to the public hearing before the City Council; and
WHEREAS, before City Council took action on this Ordinance, a public hearing was held on
August 22, 2023, pursuant to notice published on to allow members of the public to give
testimony and express opinions as to the merits of the disannexation and
WHEREAS, the City Council has decided to grant the owner's petition for request that the City
remove said land and territory from the City's jurisdiction and deny the owner's petition for
repayment of taxes expended from the date of annexation to the date of passage of this
ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT:
SECTION 1. The above findings are hereby incorporated for all purposes as if each word was
set out herein.
SECTION 2. As of the effective date of this Ordinance, the land and territory being
approximately 2.289 acres, located in Guadalupe County, Texas, and more particularly described
in Exhibit "A", is hereby disannexed from the corporate limits of the City of Cibolo, Texas, and
said territory as described shall hereafter be removed from the the boundary limits of said City,
and the present boundary limits of said City are altered and amended so as to remove the
territory from the corporate limits of the City of Cibolo, Texas.
SECTION 3. The City Secretary is hereby ordered to update and amend the City of Cibolo City
Limits/ETJ Map subtract the disannexed property, more particularly described in Exhibit "A",
from the City and properly reflect said property as being in the City's extraterritorial jurisdiction.
SECTION 4. As of the effective date of this Ordinance, the land and territory so described and
so amended shall no longer be part of the City of Cibolo, Texas and the land and territory shall
no longer bear any of the taxes levied by the City of Cibolo, Texas and the future inhabitants
thereof shall no longer be entitled to any rights or privileges as citizens; nor shall they be bound
by the acts, ordinances, resolutions and regulations of the City of Cibolo, Texas, as such shall be
limited in application to the citizens and corporate limits of said City.
SECTION 5. The service plan prepared for the territory described in Exhibit "A" is hereby
repealed and is no longer of any force and effect.
SECTION 6. This Ordinance is not severable.
SECTION 7. The Ordinance shall be effective immediately following approval by City Council
and any notice or publication as required by law.
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7362/5 N294715.1
PASSED AND APPROVED this /&% day of �y v �vcd sr 2023.
MARK ALLEN
Mayor
ATTEST:
PEGGY CIMICS
City Secretary
APPROVED AS TO FORM:
7362/5 #294715.1
EXHIBIT "A"
DISANNEXATION MAP/PROPERTY INFORMATION
2.289 Acres 545 Sea Willow Drive
RE (T'7 , RSWORTU &s ASSOCIATES, INC
2.289 ACRE TRACT
Being a 2.289 ACRE TRACT shunted in the Jose Flores, Sr. Survey, A-134, Guadalupe Counly, Taxes.
Sold 2.289 ACRE TRACT Is pad of a tract called Third Tract (40.789 acnes) described in a partition deed
to Vernon A. Zunker In Volume 1073 at Pag6.854 of the Official Records of sold County And being
described by metes and bounds as follows:
BEGINNING at a % Inch ;diameter reber sot with cap (B&A) maWing the west comer of the tract herein
scri
debtai, lying in 8 fence along the common lino of said 40.789 acre treat and See Wilow Drive as per
See Wiilow Subdivision recorded in Volume 3 at Page 66 of the Map Records. Saki point bears N
28036'32' E, 849.01 fact from tho nontmeist comer of a 1.00 acre tract described in Volume 720 at Pago
352.
THENCE with the northwest line of the tract herein described, same=befng a segment of the common line
of said 40.769 acre tract and said Sea Wlllow Drive. N 28'35'32` IE (called N 28"35'32' E - Basis of
Bearings), 453.99 feet to a % inch diameter rebar set whh cep (B&A) marking the north comer of the tract
herein described. Sold mbar beats S 26 35'32' W, 45.50 feet from a % inch diameter Iron pipe found
marking the intersection of the southeast lino of said Sea Willovi Drive and the northeast line of said Sea
tfJiilow Drive;
THENCE with the northeast tine of life tract herein described. Into said 40.789 acre tract, 8 32°37'21' E.
328.32 feet to a, %.Inch diameter rebar set.3vi1h cap (B&A) meriting the east comer of the tract herein
described;
THENCE with the southeast line of the tract herein described, S 2630'47- W. 238:93 feetfo a % inch
diameter rebarsat with'cap (B&A) MWng the south comer of the tract herein described;
THENCE with lho southwest line of the trail herein described, d, N 73°04'21' W. 299.49 feet to the PLACE
OF BEGINNING and containing 2289 ACRES OF MND.
I hereby cedify the foregoing field notes represent the results of an on the ground survey made under my
supervision April 17, 2806.
KEN L REININGER, R:P.LS. 2833
7362/5 9294715.1
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May 11. 2008
REN L REININGEa.I'M & IMLS.
2.289 ACRE TRACT
Being a 2.289 ACRE TRACT shunted in the Jose Flores, Sr. Survey, A-134, Guadalupe Counly, Taxes.
Sold 2.289 ACRE TRACT Is pad of a tract called Third Tract (40.789 acnes) described in a partition deed
to Vernon A. Zunker In Volume 1073 at Pag6.854 of the Official Records of sold County And being
described by metes and bounds as follows:
BEGINNING at a % Inch ;diameter reber sot with cap (B&A) maWing the west comer of the tract herein
scri
debtai, lying in 8 fence along the common lino of said 40.789 acre treat and See Wilow Drive as per
See Wiilow Subdivision recorded in Volume 3 at Page 66 of the Map Records. Saki point bears N
28036'32' E, 849.01 fact from tho nontmeist comer of a 1.00 acre tract described in Volume 720 at Pago
352.
THENCE with the northwest line of the tract herein described, same=befng a segment of the common line
of said 40.769 acre tract and said Sea Wlllow Drive. N 28'35'32` IE (called N 28"35'32' E - Basis of
Bearings), 453.99 feet to a % inch diameter rebar set whh cep (B&A) marking the north comer of the tract
herein described. Sold mbar beats S 26 35'32' W, 45.50 feet from a % inch diameter Iron pipe found
marking the intersection of the southeast lino of said Sea Willovi Drive and the northeast line of said Sea
tfJiilow Drive;
THENCE with the northeast tine of life tract herein described. Into said 40.789 acre tract, 8 32°37'21' E.
328.32 feet to a, %.Inch diameter rebar set.3vi1h cap (B&A) meriting the east comer of the tract herein
described;
THENCE with the southeast line of the tract herein described, S 2630'47- W. 238:93 feetfo a % inch
diameter rebarsat with'cap (B&A) MWng the south comer of the tract herein described;
THENCE with lho southwest line of the trail herein described, d, N 73°04'21' W. 299.49 feet to the PLACE
OF BEGINNING and containing 2289 ACRES OF MND.
I hereby cedify the foregoing field notes represent the results of an on the ground survey made under my
supervision April 17, 2806.
KEN L REININGER, R:P.LS. 2833
7362/5 9294715.1
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