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ORD 1147 12/15/2015 `IIIIIOIII� V O it C X Ate' 114 ,. ORDINANCE NO. PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 23.30 ACRES, BEING WEST OF STOLTE ROAD, SOUTH OF LOWER SEGUIN ROAD, EAST OF HAECKERVILLE ROAD AND NORTH OF VALLEY VIEW, WITHIN THE EXISTING CITY LIMIT BOUNDARIES OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; THE REFUND OF AD VALOREM TAXES; AND THE ADOPTION OF AN UPDATED CITY OF CIBOLO °CITY LIMITS/ETJ MAP_ REFLECTING THE DISANNEXATION. 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 owner of certain territory within the City's Corporate limits has petitioned City Council to disannex the territory; and WHEREAS, the City Council of the City of Cibolo, approved Ordinance 997 on October 25, 2011, annexing 523.79 acres south of FM 78 into the City of Cibolo,_ including the 23.3 acres owned by James Worley; and WHEREAS, at the time that Ordinance 997 was approved by the-City Council, the 23.3 acre parcels owned by James Worley, referenced as GCAD Parcels 63413, 63414, 63410 and 63412 was within the City of Cibolo ETJ and-eligible to enter into a Non-Annexation Agreement for said 23.3.acre tract-that had a lawfully granted Agricultural.Exemption by the GCAD; and WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates that a municipality must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2) to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the 23.3 acres owned-by James Worley in GCAD Parcels Number 63410, 63412, 63413 and 63414 did in fact qualify under Texas Local Government Code section 43.035(b)(1) to be offered development agreements under TLGC 43.035(a)(2), with Mr. Worley being legally Page 1 informed of this fact and executing a non-annexation agreement on said properties on September 30,2011; and WHEREAS, Mr. Worley became aware of City of Cibolo taxes being added to said four GCAD parcels as his properties were not listed as exempted from the 523.79 acre annexation tract per Ordinance 997; and WHEREAS, the City of Cibolo recently became aware of all of these circumstances by Mr. Worley and a detailed examination of the chain of events described above; and WHEREAS, the City of Cibolo, after discovering these unique circumstances, hereby finds and determines that it would be right and appropriate, and the best interest of the City of Cibolo, to disannex:the four Worley tracts totaling 23.30 acres described herein effective immediately; and, to the extent permitted by law, retroactively effective as of October 25, 2011; and to amend the City of Cibolo City Limits/ETJ Map accordingly; and WHEREAS, the City of Cibolo, finds that due-to the unique circumstances it is appropriate to refund the ad valorem taxes collected; and WHEREAS,the petitioner acknowledges, and City Council finds,that the territory to be disannexed does not include the disannexation of a road or highway; and WHEREAS,before City Council shall take action on this Ordinance a hearing was held on December 15, 2015, to allow members of the public give testimony and express opinions as to the merits of the disannexation. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The land and territory lying within the City of Cibolo, Texas, more particularly described in Exhibits `A' and `B', attached hereto and incorporated herein by reference, is hereby subtracted and disannexed out of the City of Cibolo, Texas, and -said territory, as described, shall hereafter not be included within the boundary limits of said City, and the present boundary limits of said City, at the various .points contiguous to the area described in Exhibits `A' and `B'. The City of Cibolo City Limits/ETJ Map is subsequently amended to subtract the property described in Exhibits "A" and`B" and is revised as depicted in Exhibit"C". SECTION 2. The land and territory .more particularly described on Exhibits `A' and `B' attached hereto and incorporated herein by reference, shall be excluded as a part of the City of Cibolo, Texas and inhabitants thereof shall not be entitled to any of the rights and privileges as citizens and shall not be bound by the acts, ordinances, resolutions, and regulations of the City of Cibolo, Texas. SECTION 3. The City Manager is authorized and directed to refund to the property owner the ad valorem taxes collected by the City through Guadalupe County Tax Office during the period the property was annexed. Page 2 SECTION 4. This ordinance shall be effective immediately; and,to the extent permitted by law, shall be retroactively effective as of October 25, 2011. PASSED AND APPROVED this,the 15t" day of December 2015. MAYOR Allen Dunn ATTEST:. APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY Peggy Cimics DNRBH&Z P.C. Page 3 EXHIBIT A DISANNEXATION AREA METES & BOUNDS DESCRIPTION FIELD NOTES for 23.30 Acres of land-out of the Jose Flores Survey,to.be disannexed from the City of Cibolo,Guadalupe County,Texas. Said 23.30 Acres of land had been annexed into the City of Cibolo by Ordinance No.997, Passed and Approved by Cibolo City-Council on 25 October 2011. BEGINNING in the intersection ofthe West right-of-way line of Haeckerville Road (Guadalupe County Road 327) and the North right-of-way line of Valley View Road(a fifty(50) foot wide ingress/egress roadway) located in Guadalupe County,Texas. THENCE with the west right-of-way line of Haeckerville Road N 60° 00' 00"W 605.00 feet to the Southwest corner of a 7.28 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63413 and the POINT OF BEGINNING of the herein described 23.30 Acre tract of land; THENCE with the west right-of-way line of Haeckerville Road N 60°00' 00"W193.00 feet; THENCE N 590 30' 00" E 450.25 feet to.a corner the herein described 23.30 Acre tract of land; THENCE N 600 00' 00" W 194.00 feet to a corner the herein described 23.30 Acre tract of land; THENCE N590 30' 00" E 84.75 feet to a corner the herein described 23.30 Acre tract of land; THENCE N 600 00' 00" W 244.30 feet to a corner the _herein described 23.30 Acre tract of land; THENCE N 590 30' 00" E 1262.00 feet to a corner the herein described 23.30 Acre tract of land; THENCE S 600 00' 00" E 1236.67 feet to a point on the north right-of-way line of Valley View Road and a corner the herein _described 23.30 Acre tract of land; THENCE with the north right-of-way line ofValley View Road S 59° 30' 00" W 162.70 feet to a corner the herein described 23.30 Acre tract of land; THENCE N 600 00' 00" W 605.37 feet to a corner the herein described 23.30 Acre tract of land; THENCE S 590 30' 00"W 1634.30.70 feet to the point of beginning and containing 23.30 Acres more or less. The 23.30 Acre Tract to be disannexed as described above includes the following parcels: Guadalupe County Appraisal District Account No.63410 (14.65 Acres) Guadalupe County Appraisal District Account No.63412 (0.72 Acres) Guadalupe County Appraisal District Account No.63413 (7.28 Acres) Guadalupe County Appraisal District Account No.,63414 (0.65 Acres) Page 4 EXHIBIT B DISANNEXATION MAP 125980 63542 63316 6 121033 138432 128972 63417 ,63546 63547 B� 63 63410 63411 63598 boy 63544 �4 63416 69626 635481 rf 63 431 63315 ®2 63430 63413 63467 63414. 1 9627 63326 63525 J� o y 63349 63363 6 ' 63323 63310 Ja, 63531 63321 63419 63367 `63322 63324'Si 63319 63 52 63365 63366 633 4 A7117* 1�3 542 315 121033 138432 128972 63417 _63546 63547 �i 6341 63410 63411 63598 S� 63544 ` /1 �4 63416 69626 63548' �63 431 63315 ¢0'Z 63 413 63430 63467 63414. 27 63326 ` 63525 S' Ot o \ 63349 63363 `6341' 63323 4 63310 Js. 63531 63321 � 63419 63367 "63322/ 63324 S� 63319 G;}' 63 527 63365 63366 63533 /147117\ , 63418, Page 5 69640 63545 63454 125980 3317 63448 121�3� 63542 63316 138432 63417 6339 63 546 8972 63 547 63544 63410 411 63598 4� 63415 63416 26 sfo 635481 �i X63431 63315 'A 63413 -- c 0.6343063467 0 634 63326 63525 63349 �� 63531 63363 63412 63323 4 63310 63367 63321 �vy 63419 63527 63322 63324 S 633663533 5 125980 63317 63448 121033 63542 63316 138432 128972 63547 B 63417 63399 63546 0 63415 63 544 63 410 63 411 63598 00j 635481 C0 63416 s2 X63431 63315 63 413t 63531 o-63 ,4030 63326 63467 �� 6352 63349 t�p� J 63527 63412. 63323 L 63310 63321 �� 63419 63526 63322 63319 63324 3365 63366 63533 Page 6 EXHIBIT C UPDATED CITY OF CIBOLO CITY LIMITS/ETJ MAP Page 7 gig W�1jllll�.� Sj VRM �:• �, /� WWI Sol v ■1 �rp�M. � IJA� 1 � a. ��IFj�rt�'''•� ��■ `�• _ I_ ��.r,,r� : f__y'5:.�,,,, tali. ��:�='.�� •.I`I. �� i '��I t.T.��l��r� �� ' -� t �==�lv i�illlllll■ • ..�1.�iI'��_�.n•1.-.�.�C�� IIIIJ lah- EL-11 X1 ��i,� . �L,ai��!III��in.. � I s syr lio■�nu�i��1S■, �� 1 0 —,J►�� .. 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