ORD 1162 05/24/2016 y Olfl /rpi/C 14 o/
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"City of Choice"
ORDINANCE NO. 1162
THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS HEREBY
RECOGNIZES AND APPROVES- THE NON-ANNEXATION AGREEMENT
EXECUTED BETWEEN THE CITY OF CIBOLO AND KATHY TACKETT
OWNER OF APPROXIMATELY 0.828 ACRE AREA .DESCRIBED HEREIN.
PROPERTY DESCRIBED IN THE NON-ANNEXATION AGREEMENT IS
WEST OF HAECKERVILLE ROAD, SOUTH-OF LOWER SEGUIN ROAD AND
HALF A MILE NORTH OF VALLEY VIEW DRIVE AND IS LOCATED IN THE,
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO,;
GUADALUPE COUNTY, TEXAS.
WHEREAS, Texas Local Government Code section 43.142 authorizes the City of Cibolo, as a home-
rule municipality, to disannex area in the municipality in accordance with the City of Cibolo City
Charter and consistent with all procedural rules prescribed by Texas Local Government Code Chapter
43 Subchapter G; and
WHEREAS, section 1.04 of the City Charter of the City of Cibolo provides that the City Council has
authority by ordinance to identify territory not suitable or necessary for City purpose and to disannex
said territory as part of the City in accordance with state law; 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 0.828 acres owned by
Kathy Tackett; and
WHEREAS, at the time that Ordinance 997 was approved by the City Council, the 0.828 acre parcel
owned by Kathy. Tackett, referenced as GCAD Parcel 63364, was within the City of Cibolo ETJ and
eligible to enter into a Non-Annexation Agreement for said 0.828 acre tract that was the homestead of
GCAD Parcel 63363 with 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 0.828 acres owned by Kathy Tackett in GCAD Parcel Number 63364 and the 20.547
acres also owned by Kathy Tackett in GCAD Parcel Number 63363 did in fact qualify under Texas
Page 1
Local Government Code section 43.035(b)(1) to be offered development agreements under TLGC
43.035(a)(2), with Ms. Tackett being legally informed of this fact and executing a cion-annexation
agreement ori said properties on September 19, 2011; and
WHEREAS, Texas Local Government Code section 43.035(a)(2) stipulates that a municipality may not
annex an area appraised for ad valorem tax purposes as land for agricultural use under Subchapter C or
D, Chapter 23, Tax Code; and
WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates provides that a
municipality must offer to make a development agreement with landowners eligible under TLGC
43.035(x)(2)to guarantee the continuation of the extraterritorial-status of the area; and
WHEREAS, the City of Cibolo executed a Non-Annexation Agreement for each of the 0.828 and
20.547 acre parcels of property owned by Ms. Tackett, for a term that would run until October 25, 2019.
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1. The Non-Annexation Agreement executed between the City of Cibolo and Ms. Tackett,
the eligible property owner of 0.828 acre area-described in Exhibit A, is hereby recognized as being
approved and in full force and effect and are attached hereto and incorporated herein as Exhibit B.
SECTION 2. The lawfully executed Non-Annexation Agreement attached hereto as Exhibit `B", shall
apply_ to the entire property described in Exhibits "A"and shall remain in effect for the entire acreage
until October 25, 2019.
SECTION 3. The service plan adopted as Exhibit `C' to Ordinance Number 997 shall hereby be null
and void relative to the property described in this disannexation ordinance.
SECTION 4. Thisordinance 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 24th day of May 2016.
MAYOR
Allen Dunn
ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTORNEY
9�
Peggy Cimics DNRBH&Z P.C.
Page 2
EXHIBIT A (Field Notes)
DISANNEXATION AREA METES & BOUNDS DESCRIPTION
Field Notes for an approximate 0.828 Acre tract of land out of the Jose Flores Survey, Abstract No. 134,
to be disannexed out the City of Cibolo, Guadalupe County, Texas; said 0.828 Acres.of land is adjacent
to and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County,
Texas;
COMMENCING:
At a point being on the City Limit line of the City of Cibolo, more specifically on the
southwest Right of Way line of Haeckerville Rd., said point being the most northern
corner of a 20.547 acre tract listed in Guadalupe County Appraisal District, Account No.
63363;
THENCE: Leaving said Right of Way of Haeckerville Rd and along with the northwest of Line of
the said 20.547 acre tract a distance of 1,670.16 feet to the POINT OF BEGINNING for
the herein described 0.828 acre tract, said point being the most northern corner of said
0.828 acre tract listed in Guadalupe County Appraisal District, Account No. 63364;
THENCE: Into the above mentioned 20.547 acre tract with the northeast line-of said 0.828 acre tract
a distance of 1.69.94 feet to a point, said point also being the most eastern corner of said
0.828 acre tract;
THENCE: Along with the southeastern line of said 0.828 acre tract a distance of 212.76 feet to a
point, said point also being the most southern corner of said 0.828 acre tract;
THENCE: Along with the southwestern line of said 0.828 acre tract a distance of 169.83 feet to a
point said point also being the most western corner of said 0.828 acre tract, said point
also being_ on the southeast line of a 44.344 acre tract listed in Guadalupe County
Appraisal District, Account No. 69626;
THENCE: Along with the northwest line of said 0.828 acre tract a distance of 212.33 feet to the
POINT OF BEGINNING and containing 0.828 acres of land more or less.
Page 3
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Agreement s TACKETT, KATHY G.
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Guadalupe County (6.828 AC.)
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Property ID Na.
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EXHIBIT B
EXECUTED NON-ANNEXATION AGREEMENT
Page 5
CITY OF CIBOLO NON ANNEXATION
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement"), dated Ma 1& 2016 ("Effective Date"),
made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in
Guadalupe County, Texas ("City"), and—Kathy Tackett("Landowner");
WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is
appraised for ad valorem tax purposes as land for agricultural or wildlife management use under
Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter
of the Tax Code and such real property being more particularly depicted in Exhibit A attached
hereto and incorporated into this agreement(the "Property");
WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral
annexation of a property which is appraised for ad valorem tax purposes as land for agricultural
or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land
under Subchapter E of that chapter that a municipality must offer a development agreement to-
said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees
the continuation of the extraterritorial status of the area for a certain time and authorizes the
enforcement of all regulations and planning authority of the municipality that do not interfere
with the use of the area for agriculture, wildlife management, or timber; and
WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas
Local Government Code Sections 43.035 and 212.172; and
WHEREAS, in recognition of the mutual benefits to be derived from the controlled development
of the Property and its guaranteed continued extra territorial status for a certain time, Landowner
and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local
Government Code of the State of Texas, to evidence their agreements with respect to
guaranteeing the continuation of the extraterritorial status of the land and its immunity from
annexation by the City for a period years, extending the municipality's regulatory authority over
the land by providing for all regulations and planning authority of the City that do not interfere
with the use of the area for its currently appraised purpose, authorizing enforcement by the City
of certain regulations in the same manner the regulations are enforced within the City's
boundaries and authorizing enforcement by the City of certain agreed upon land use and
development regulations; and
WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a
regularly scheduled council meeting subject to the Open Meetings Act in compliance with the
laws of the State of Texas and the ordinances and Charter of the City of Cibolo.
City of Cibolo Page 1 of 4
TLGC§43.035 Development Agreement
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City
and the Landowner,the parties hereto agree as follows:
1. The Landowner covenants and agrees not to file a development document, master plan or
for plat approval or a permit, not to include permits for uses existing on the date of this
agreement ("Existing Uses"), on their respective property until such property has been
annexed into the City and zoned pursuant to all applicable laws of the State of Texas and
ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City.
2. Land Use. The Landowner further covenants and agrees not use the Property for any use
other than the Existing Uses, without the prior written consent of the City, said Existing
Uses specifically being uses that allow the Property Owner to retain its current Property
appraisal for ad valorem tax purposes as land for agricultural or wildlife management use
under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of
that chapter as applicable to the Property on the Effective Date of this agreement or those
other Existing Uses as listed in Exhibit B attached hereto.
3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached
hereto and incorporated by reference into this agreement, which both Landowner and
City agree do not interfere with the Existing Uses of the Property, are hereby extended to
the Property. The Landowner further covenants, agrees and authorizes enforcement by
the City of these regulations in the same manner the regulations are enforced within the
City's boundaries.
4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035
this Agreement is not a permit for purposes of Chapter 245 of the Texas Government
Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive
any and all vested rights including rights and claims that they may have under common
law, federal case law or Section 43.002 of the Texas Local Government Code related to
uses, anticipated uses or potential uses of the Property, other than the Existing Uses.
5. Municipal Services. The City shall not be obligated to provide the landowner with any
municipal services (such as police protection, fire protection, drainage and street
construction, or maintenance), with respect to the Property for the duration of this
Agreement.
6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the
Property and that it shall not annex the Property for the duration of this agreement.
Except that, regardless of how the area is then currently appraised for ad valorem tax
purposes, should the Landowner or the Landowner's heirs, successors or assigns file for
any type of development document, master plan, plat approval or permit for the area with
a governmental entity that has jurisdiction over the area, or change the existing use to a
use not allowed hereunder then this provision of the Agreement shall be void pursuant to
Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by
City of Cibolo Page 2 of 4
TLGC§43.035 Development Agreement
Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes.
Permit is defined the same as in Local Government Code Chapter 245.
7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any
type of development document, master plan, plat approval or permit for the area with a
governmental entity that has jurisdiction over the area, or change the existing use to a use
not allowed hereunder this provision then said action shall be deemed a request for
voluntary annexation by the City with this agreement serving as the required petition and
the Property shall, at the discretion of the City, be annexed into the City. The Landowner
and Landowner's heirs, successors and assigns covenant and agree that such annexation
is voluntarily made and shall be considered to be by voluntary petition of the owners of
the Property at the time of such annexation.
8. Amendments. Neither this Agreement nor any term hereof may be changed, waived,
discharged or terminated except by an agreement in writing signed by all parties hereto.
9. Law Governing. This agreement shall be deemed to be a contract under the laws of the
State of Texas which is performable in Guadalupe, County, Texas, and for all purposes
shall be construed and enforced in accordance with and governed by the laws of the State
of Texas.
10. Assignment; Binding Effect. The parties may not assign this Agreement to any other
person or entity without the prior written consent of the other; provided, however, that no
such assignment shall operate to release the assigning party from its obligations
hereunder. This Agreement and all of its terms and provisions shall be binding upon and
inure to the benefit of the City and the Landowner and their respective successors and
assigns, including all future owners of the Property.
11. Duration; Expiration. This Agreement shall be in effect until October 25, 2019. Upon the
expiration of this Agreement, the Landowner and Landowner's successors, heirs or
assigns agree to the voluntary annexation of the property with this Agreement serving as
a petition for voluntary annexation.
12. Counterparts. To facilitate execution, this Agreement may be executed in any number of
counterparts as may be convenient or necessary, and it shall not be necessary that the
signatures of all parties hereto be contained on any one counterpart hereof. A facsimile
transmission shall be deemed to be an original signature.
City of Cibolo Page 3 of 4
TLGC§43.035 Development Agreement
EXECUTED by the parties hereto to be effective as of the date first set forth above.
City of Cibolo, a home rule municipality in Landowner:
Guadalupe County, Texas
B : 0,4",A T.
By:
Robert Herrera., Cibolo City Manager or Address: /11,01
Lisa Gonzalez, City Planner City: c �a �O
State/Zip:
r
Date:
Date:
City of Cibolo Page 4 of 4
TLGC§43.035 Development Agreement
Exhibit A
GUADALUPE COUNTY APPRAISAL DISTRICT PROPERTY
RECORD OF PROPERTY THAT IS SUBJECT TO THE NON-
ANNEXATION AGREEMENT
Guadalupe CAD Map Search
Property Identification#"63364 Property Information_2016
Geo ID. 2GO134-0000-03614-0-00 Legal ABS:134 SUR:JOSE FLORES
Situs Address:2960 HAECKERVILLE RD TX Description: 0.8280 AC.
Property,Type,Real Abstract: G A0134
State Code. Al Neighborhood. Null
Appraised Value:NIA
Jurisdictions GCO,LTR,CCL SCS,CAD
65656 1259°A ,
13€
1
128972
69655 '� 63546
63544
69657
6962. j/ 31
6 30--
69627
q_69627 �/ 63326
63363 / 341
63321 %
69628 463364 33 '
1 63367 63
63366
Exhibit B
CITY OF CIBOLO DIS ANNEXATION DEVELOPMENT
AGREEMENT
Affidavit of Tax Appraisal Status and Current Uses
Mrs. Katy Tackett appeared in person before me today and stated-under oath:
"My name is Kathy Tackett. I am competent to make this affidavit. The facts stated in this
affidavit are within my personal knowledge and are true and correct. I am the owner of the
property located at 2960 Haeckerville Road. Said property is appraised for ad valorem tax
purposes under the Texas Tax Code for Agricultural/Homestead purposes. Further, my property
is currently being used for the following uses: Agricultural/Homestead.
Signed:
Printed Name:` ��-
State of Texas
County of Guadalupe
Before me, Eel A M t,fC QC's , on this day personally appeared
1CCci ctC 1�
To be the person(s) whose name(s) is/are subscribed to the foregoing instrument and
acknowledged to me that he/she/they executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this J%""- day day of I" L�- , 2016.
(Seal)
`$ "''' A. MIRELES Notary Public, State of Texas
,�,�•evn '•,oP us^., BETH
n=Notary Public,Stote of Texas
Comm, Expires
',arFOF s��r 12=24.2019
" Notary ID 128477584
Exhibit C
CIT`' OF CIBOLO
LIST OF MUNICIPAL REGULATIONS
List of City of Cibolo Ordinances Referencing
Land Uses, Development Requirements and Permits
as they exist or may be amended.
Ordinance No. Description
797 Fireworks Regulations
1047 Sign Ordinance w/amendments
1048 Unified Development Code (as amended)
1033 Uniform Plumbing Code 2012*
1034 Uniform Mechanical Code 2012*
1035 International Residential Code 2012*
1036 International Fire Code 2012*
1037 International Building Code 2012*
1038 International Energy Conservation Code 2012*
1039 International Existing Building Code 2012*
1040 International Property Maintenance Code 2012*
1132 National Electric Code 2014*
*Subject to Local-Amendments