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ORD 1043 01/08/2013 O F Cit? e.X 7, "City of Choice" ORDINANCE NO. 10 4 3 PROVIDING FOR THE CONTRACTION OF THE CIBOLO, TEXAS CITY LIMITS BY DISANNEXING ONE TRACT OF LAND THAT HAS AN AREA OF 23.50 ACRES, BEING WEST OF SANTA CLARA ROAD, SOUTH OF SCHMOEKEL ROAD, EAST OF STOLTE ROAD AND NORTH OF BOLTON ROAD, ADJACENT TO THE EXISTING CITY LIMIT BOUNDARY OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS AND TO ASSIGN THE RIGHTS OF A DULY EXECUTED NON- ANNEXATION AGREEMENT TO THE PROPERTY BEING DISANNEXED AND TO ADOPT AN UPDATED CITY OF CIBOLO CITY LIMITS/ETJ MAP REFLECTING THE DISANNEXATION AND NON-ANNEXATION AGREEMENT. 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 Resolution 1413 that recognized Non-Annexation Agreements in the 537.85 acre Annexation Area 2, one of which pertained to 44.0 acre GCAD Parcel Number 63974 owned by Larry Neill on December 14, 2010; and WHEREAS, the City Council of the City of Cibolo,.approved Ordinance 962 on February 8, 2011, annexing 75.32 acres out of the 537.85 acre Annexation Area 2 into the City of Cibolo; and WHEREAS, at the time that Resolution 1413 and Ordinance 962 were each approved by the City Council, the 23.5 acres parcel also owned by Larry Neill, referenced as GCAD Parcel 63975, which adjoined GCAD Parcel 63974 referenced above, was located in the ETJ of the City of Marion, Texas, the City of Cibolo was not legally authorized to enter into a Non- Annexation Agreement for said 23.5 acre tract that had a lawfully granted Agricultural Exemption by the GCAD; and Page 1 WHEREAS, the City of Cibolo and City of Marion entered into an Interlocal Boundary Agreement that was approved by the 25m Judicial District Court of Guadalupe County in Cause No. 11-1490-CV on August 3, 2011, at which time GCAD Parcel 63975 was transferred from the City of Marion ETJ to the City of Cibolo ETJ and immediately annexed by virtue of City of Cibolo Ordinance 962; and WHEREAS, the 23.5 acres owned by Larry Neill in GCAD Parcel Number 63975 would have qualified under Texas Local Government Code section 43.035(b)(1) to be offered development agreements under TLGC 43.035(a)(2), but the City of Cibolo did not have an opportunity to to offer Mr. Neill a Non-Annexation Agreement by virtue of the fact that the said property was never in the City of Cibolo jurisdiction until the said court decree was rendered; and WHEREAS, the City of Cibolo recently became aware of all of these circumstances by Mr. Neill 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 23.50 acre Neill property described herein; and to recognize the lawfully executed Non-Annexation Agreement for the 23.50 acre parcel of property owned by Mr. Neill with the City of Cibolo and to amend the City of Cibolo City Limits/ETJ Map accordingly; and 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 service plan adopted as Exhibit 'C' to Ordinance Number 962 shall hereby be null and void relative to the properties described in this disannexation ordinance. Page 2 SECTION 4. The lawfully executed Non-Annexation Agreement attached hereto as Exhibit "D", shall apply to the entire 23.50 acre property described in Exhibits "A" and "B"; and shall remain in effect for the entire acreage until February 8, 2019. SECTION 5. This Ordinance shall be automatically void and of no effect if the City and the Owner of the land subject to disannexation herein do not execute the attached Non- Annexation Agreement within 10 days of the effective date of this Ordinance. SECTION 6. This ordinance shall be effective from and after January 8, 2013. PASSED AND APPROVED this, the 8th day of January 2013. ate` J ifer an, Mayor ATTEST: -. 2e�g� - -' Peggy Cimics, City Secretary Fti . ; Page 3 EXHIBIT A DISANNEXATION METES & BOUNDS DISANNEXATION AREA METES &BOUNDS DESCRIPTION FOR THE CITY OF CIBOLO, TEXAS Field Notes for a 23.5 Acres of land to be de-annexed by the City of Cibolo, Guadalupe County, Texas; said 23.5 Acres of land is adjacent to the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas. BEGINNING: at a point at the Northwest corner of a 23.5 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63975, and POINT OF BEGINNING of herein described 23.5 Acre tract and contained within the Right-of-Ways of Schmoekel Road. THENCE: N 66° 31' 09" E, for a distance of 689.76'to a point; S 30° 45'28" E, for a distance of 1589.36'to a point; S 57° 39'26" W, for a distance of 193.35' to a point; S 59° 38' 16" W, for a distance of 497.62'to a point; N 30° 31' 48" W, for a distance of 1678.66' to the POINT OF BEGINNING and containing 23.5 Acres more or less. Page 4 EXHIBIT B DISANNEXATION MAP Page 5 TOTAL.AREA DE-:\`\\EXED=23.5 ACRI-S IMOEK • N66.3}',0j•F 685.78 1 P.O.B. I nSY la 53975 iI TOMS 44.0 AC 23.S AC SSA AC VFI1.1.LARRY MILL ILL LARRY R WARREN BRIAN DR GINA 0 01 9510 I OWE)SFGUIN RO 1$LOWER SFOL'IN RD 1536 W HUISACOIE AVE CISOLO.IX 78100 CIBOLO.TX 70100 I SAN ANTONIO.IX 70201 *i1 96 y 1 ! 1267u 7A AC OH JNSON BARXEY IR SHARITA C 7925 W MULBERRY DR SCHML FL,TX 70154-3710 LI 655`361614 567'391.6'W f'_I l- -\f 44 INIMIIIME-H 49782 193.36 61996 750 AC LLROV LC JOAN I 91 RILGL&NEAR BARBARA C STRIEGL 4 STRIF.(.L CONRAD J JR R JOYCE LEE STRIEOL 22132•ASEO CORM DR SAN ANT01410.TX 702664220 LE Fg2_41) TIY 01 CIBOLO ANNLX MVP 0“,..,`� DECEMBER 18.2012 Lt.., KLELN 96. VGIVEE.RING III/// ��44 VC. EXHIBIT C UPDATED CITY OF CIBOLO CITY LIMITS/ETJ MAP Page 6 :i::•'—. 7 ' H_i' «.0 I C'C'TV pa San. . la Mtn _ i a__,_-- —I . a + i 4#111111 -7----- ail 1 al I 10 Art _ A I --r f-.....f --,, ' 1 lig 4 �, _ U,, , I�,,-1(.-I� II ill, �_Ligg!1;; '_ -- -e- .,...., 1111111 MIN= ._411111111111111111111 1 —=---p, I .4.1:r. _ ,-4 —1J' c' rm Nil T Efi . a•�_ r' - I • 11is : `7„„WilfI1Hi1�f11ry �w lli IIr if”- a iikAftill II '-.. .„ ' ilk 1ME ���1W -4.111111111,. Milmil_ill _ . II "Irigwr• ! iHi Ifi1 J — n__ Iqe�. mi., r 4 , * iwiil , . f _r___ L Nvorl iiimimpisimil waiaisloWlir Vill11., „141 ill 11111%. ...--- - ''. --":.' 1111 __ ' il , ..., 1.1.1111111116111111111111.7 NOP ....t, .., .11 , . / � � „„, irCf —t � _ Ase Illrsl1, �. /JiFW4AfiU1 tp rI(II� 111_1___..... 11-1 111, r__r__. Imo' �••.. ammo a. � . awaAiyi iii/ ; ■ 11,11 ' soli VA .ee-•.- Iiiii: r...2 .___________ 40 A /Ail rimy r %• , AIlii. .11v y7�7� CRY OF CIBOW OVERALL ANNEX MAP �I - .I Jl/lu DECEMBER 1&2012 • <.a, .wwm © v ALEIN .�.x. EXHIBIT D Page 7 NEIL NON-ANNEXATION AGREEMENT (Attached) Page 8 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated January .8,..2013 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas:("City"), arid Larry Neill ("Landowner"); WHEREAS, the City Council of the-City of Cibolo, previously approved Resolution 1413 that recognized Non-Annexation Agreements for property located within the area where the property affected by this Non-Annexation agreement is located; and WHEREAS, the City Council of the City of Cibolo, approved Ordinance 962 on February 8, 2011, annexing 75.32 acres out of the 537.85 acre.Annexation Area 2 into the City of Cibolo; and WHEREAS, the 23.5 acres parcel also owned by Larry-Neill; referenced as GCAD Parcel 63975, which adjoined GCAD Parcel 63974 referenced above, was located in the ETJ of the City of Marion, Texas, the. City of Cibolo was riot legally authorized to enter into a Non-Annexation Agreement for said 23.5 acre tract that had a lawfully granted Agricultural Exemption by the GCAD; and WHEREAS, the City of Cibolo and city of Marion entered into an Interlocal Boundary Agreement that was approved.by the 25th Judicial District Court of Guadalupe County in Cause No. 11-1490-CV on.August 3, 2011, at which time GCAD.Parcel 63975 wastransferred from the City of Marion ETJ to the City of Cibolo ETJ and immediately annexed by virtue of City of Cibolo Ordinance 962; and WHEREAS, the 23.5 acres owned by Larry Neill in .GCAD Parcel Number 63.975 would have qualified under Texas Local Government Code. section 43.035.(b)(1).to be offered development agreements under TLGC 43.035(a)(2), but the City of Cibolodid not have an opportunity to offer Mr. Neill a Non-Annexation Agreement by virtue of the fact that the said property was never in the City of Cibolo jurisdiction until the said court decree was rendered;.and WHEREAS, the City of Cibolo recently became aware of all Of these circumstances by Mr. Neill 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 23.50 acre Neill property described herein; and to recognize a lawfully executed Non-Annexation Agreement for the 23.50 acre parcel of property owned by Mr. Neill with the City of Cibolo. City of Cibolo Page 1 of 4 MCC§43.035 Development Agreement 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. 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 arid 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 atthe 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 e 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 City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement 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 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 February.8,.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 Ciba., a home rule m lity in Landowner: Guadalu o- o ounty, Texas By: Larry Neill By,` /lc -. /3 5838 Lower Seguin Road R. - r errera, C oto City M. ''.ger or Address: ' 2. da Anderson, ie tanner Cibolo, City: State/Zip: Texas 78108 Date: January 8, 2013 Date: January 8, 201.3 City of Cibolo Page 4 of 4 TLGC§43.035 DevelopmentAgreement • Exhibit A GUADALUPE COUNTY APPRAISAL DISTRICT PROPERTY RECORD(S) OF PROPERTY/PROPERTIES THAT IS/ARE SUBJECT TO THE NON-ANNEXATION AGREEMENT (SEE ATTACHED) Guadalupe CAD - Map of Property ID 63975 for Year 2012 71010' r� 71008 -,711009 114284 61120 1047 71046 63976 114285 63977 a°.:. . 12083.8 70985 63978 - G3875- 'r 63 963 126785 63974 129767 7( 83 129083 63965 `71005 63979 71060 \\\. • 63 964 126184 76982 63 366 63986 • .\\", 639.71 mol�X1009 Feet 63967 63968 I. Selected Property; � • Property Details Account Property'ID: 63975 Geo ID: 2G0141-0000-01000-0-00 Type: Real Legal Description::.ABS: .141 SUR: F GARCIA 23.5000 AC. Location Situs.Address: SCHMOEKEL RD Neighborhood: Mapsco:: Jurisdictions: GCO, LTR, CCI, MAS, CAD Owner Owner Name: .NEILL LARRY R" Mailing Address: , 5838 LOWER SEGUIN RD, CIBOLO, TX 78108-4005 Property Appraised Value: $3807 pouw,dtry: Pi https://propaccess.trueautomation.com/Map/View/Map/2/63975/2012 I PropertyACCESS www.trueautomatton.com `.._._...._thegro_.. ey and_._..represents _..._.✓ Map Disclaimer This prodUct is for informational purposes only ahtl:ma-y not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The Guadalupe County Appraisal District expressly disclaims any and all liability In connection herewith. Guadalupe CAD - Property Details Page 1 of 1 Guadalupe CAD: Property Search Results > 63975 NEILL LARRY R for Year 2012 Property .. _. ._ ... Account Property ID. 63975 Legal Description:.ABS: 141 SUR: F GARCIA 23:5000 AC. Geographic:ID; 2G0141-0000-01000-0-00 Agent Code: Type: Real Property Use Code: Property Use Description: Location .Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID• P-6 Neighborhood CD: Owner Name: NEILL LARRY R Owner ID: 51938 Mailing.Address: 5838 LOWER SEGUIN RD %.Ownership: 1000000000000% CIBOLO,TX 78108-4005 Exemptions: Values __. _ (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)-Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $164;107 $3,807 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $164,107 (—)Ag or Timber Use Value Reduction: - $160,300 (=)Appraised Valve: _ $3,807 (—)HS Cap: — $0 (=)Assessed Value: _ $3,807 Taxing Jurisdiction Owner: NEILL LARRY.R %Ownership: 100.0000000000% Total Value: $164,107 Entity:Description Tax Rate. Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $3,807 $3,807 $0.00 CCI CITY OF CIBOLO 0.432700 $3,807 $3,807 $16.47 GCO GUADALUPE COUNTY 0.345600 $3,807 $3,807 $13.15 LTR LATERAL ROAD 0.058000: $3,807 $3,807 $2.21 MAS MARION ISD 1.280000 $3,807 ._ — $3,807 _ $48:73 M Total Tax Rate: 2.116300 Mµ m„ Taxes w/Current Exemptions: $80 56 Taxes w/o:Exemptions: $80.57 Improvement/Building https://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63975 12/17/2012 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and- Current Uses Larry Neill appeared in person before me today and stated under oath: "My name is Larry Neill. 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 5838 Lower Seguin Road. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for agricultural purposes. Further, my propertyis currently being used for the following uses: agricultural. Signed: Printed Name: v repa State.of Texas County of Guadalupe Before me, 6 eft R n n ? i rc 1 C , on this day personally appeared �a 164 11U 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 samefor the purposes and consideration. therein expressed.. Given under my hand and seal of office this 11 day of -D .CC,-r 2012. (Seal) /3_,&6Z "14 //y o��• •°!; BETH ANN MIRELES ,4�^s Notary Public,State of Texas Notary Public, State Of Texas- �.n. My Commission Expires V,g1,1:0 Decwmber 22, 2014 Exhibit C CITY 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 966 Unified Development Code (as amended) 797 Fireworks Regulations 583 Sign Ordinance w/amendments 984 International Property Maintenance Code 2009* 986 International Energy Conservation.Code 2009* 991 International Mechanical Code 2009* 98.5 Uniform Plumbing Code 20.09* 990 International Building Code 2009* 989 International Existing Building Code 2009* 987 International Residential Code 2009* 988 International Fire Code 2009* 1003 NEC 2011* *Subject to Local Amendments