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ORD 970 04/26/2011 0 . 0 x�a maaniimon0' ''` rex s "City of Choice" ORDINANCE NO. g 7 n PROVIDING FOR THE CONTRACTION OF CIBOLO, TEXAS CITY LIMITS BY DISANNEXING TWO TRACTS OF LAND THAT CONTAIN AN AGGREGATE AREA OF 2.60 ACRES,BEING GENERALLY LOCATED SOUTH OF INTERSTATE HIGHWAY 10 AND ALONG AND IMMEDIATELY EAST OF SOUTH SANTA CLARA ROAD, ADJACENT TO THE EXISTING CITY LIMIT BOUNDARY 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, made the finding that the City of New Berlin, annexed properties at the intersection of South Santa Clara Road and Gin Road during 2007 that resulted in the expansion of the City of New Berlin Extraterritorial Jurisdiction (ETJ) north along South Santa Clara Road toward the City of Cibolo ETJ; and WHEREAS, the City Council of the City of Cibolo, found the City of New Berlin, while failed to provide Guadalupe County with documentation of the said 2007 annexations expanding the corporate boundaries of the City of New Berlin, and by association it's ETJ; and WHEREAS, the City Council of the City of Cibolo, hereby finds and determines that it is in the best interest of the City of Cibolo to disannex said area rather than litigate with its New Berlin neighbor which City has jurisdiction in the area. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: Page 1 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, more particularly described as Area 1 and Area 2, are 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', are altered and amended so as to not include said areas within the corporate limits of the City of Cibolo, Texas. SECTION 2. The land and territory more particularly described as Area 1 and Area 2 on Exhibits 'A' and 'B' are 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 960 shall hereby be null and void relative to the properties described in this disannexation ordinance. SECTION 4. This ordinance shall be effective from and after April 26, 2011. PASSED AND APPROVED this, the 26th day of April 2011. • / 4.4.11/47/n J _ WEI' HARTMAN MAYOR ATFEST: 9 i • PEGGY CIMICS CITY SECRETARY • 4 Page 2 DISANNEXATION AREA METES&BOUNDS DESCRIPTION EXITIBIT A FOR T.HI? CITY OF CIBOLO,TEXAS Field Notes for a 2.6060 Acres of land to be de-annexed by the City of Cibolo, Guadalupe County, Texas; said 2.6060 Acres of land is adjacent to the existing City Limits or ETT of the City of.Cibolo,Guadalupe County,Texas. AREA#1 BEGINNING: at a point at the Southeast corner of a 342580 Acre tract listed in the Guadalupe County Appraisal District,Account No.63368,and POINT OF BEGINNING of herein described 0.6000 Acre tract and contained within the Right-of-Ways of Santa Clara Road. THENCE: N 59" 18'25"E,for a distance of 96.29'to a point; S 30°41'35"E,for a distance of 233.53' to a point; S 11°38'20"W,for a distance of 131.91' to a point; N 31° 59' 02" W, for a distance of 331.13' to the POINT OF BEGINNING and containing 0.6000 Acres more or less. AREA#2 BEGINNING: at a point at the Northwest corner of a 2.0060 Acre tract listed in the Guadalupe County Appraisal District, Account No.70961,and POINT OF BEGINNING of herein described 2.0060 Acre tract. THENCE: S 59°47'32"W,for a distance of 373.54' to a point; jI. �/ N 31°44' 11"W,for a distance of 225.04'to a point; ,1yyy'TYS}SS Yi•J t'r i T' N 57°31'25"E,for a distance of 377.98' to a point; r S 30° 39' 11" E, for a distance of 239.93' to the POINT OF ;*3sf BEGINNING and containing 2.0060 Acres more or less. I;OF s(11.41 i; VON IV ,,-91„/„/ 1 031411 Page 4 EXHIBIT B DISANNEXATION METES & BOUNDS MAP 0 Lunimminimmini cc 1 U Q F— Z Q cn • vi 1I - 10 FOA SM atraTW )rmiiiiiiialitniinuaiiintiasuntimitioginiiistialitnime, III ctff AREA R2 TOTAL DE.ANNX P.O �_ 2.0 ACRES U _ +II•II•II�IIniinllmllmxr#lillixmx• N e- • — a 1 AREA NI --_- TOTAL OE.ANNX • 0.60 ACRES • ' IIl HNISIItT Q C _.I s I QC111OLO DE-ANNEXATION I Lim C/ APRIL 12.2011 •_ _ AND KUM% ... 'I M.i, __— —. NGINEERLNG ___ cr.n NC. U Page 5