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ORD 1014 05/22/2012 OF c1 a 0,01 tilttNi.....,„ `, ' � V .� c f �c a * x * • 1 * t� y"-4,, nlNltgtt��tt� 7. "City.of Choice" ORDINANCE NO. 1014 PROVIDING FOR THE CONTRACTION OF CIBOLO, TEXAS CITY LIMITS BY DISANNEXING ONE TRACT OF LAND WITH AN AGGREGATE AREA OF 1.08 ACRES, BEING EAST OF WIER ROAD AND SOUTH OF THE PRIVATE STREET COMMONLY KNOWN AS LOWER VALLEY LANE, 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. 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, executed a Non-Annexation Agreement with Jeffrey and Erin Schuld for 8.92 acres of real property within a 1,606.41 acre annexation area being considered by the City of Cibolo City Council; and WHEREAS, the City Council of the City of Cibolo, approved Resolution 1438 on October 25, 2011, recognizing and approving all Non-Annexation Agreements executed between property owners and the City of Cibolo within a 1,606.41 acre annexation area, including the Non-Annexation Agreement executed with Jeffrey and Erin Schuld; and WHEREAS, the City Council of the City of Cibolo, approved Ordinance 998 on October 25, 2011, recognizing a map depicting the City Limits & ETJ of the City of Cibolo and certain properties for which Non-Annexation Agreements were accepted; inclusive of those Non- Annexation Agreements recognized by Resolution 1438 on October 25, 2011, inclusive of the Non-Annexation Agreement executed with Jeffrey and Erin Schuld; and Page 1 WHEREAS, the approval of Resolution 1438 and Ordinance 998 resulted in land-locking the remnant 1.08 acre parcel of property owned by Jeffrey and Erin Schuld, which was lawfully annexed by the City Council of the City of Cibolo on July 28, 2009 by Ordinance 907; and WHEREAS, the City of Cibolo has determined that it cannot provide City services to this 1.08 acre land-locked property until the Non-Annexation Agreement for the remainder of the Schuld property expires on October 25, 2019; 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 this 1.08 acre area and extend the Non- Annexation Agreement for the remainder of the Schuld property to this 1.08 acre area. 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, more particularly described as Tract A, 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', 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 Tract A 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 907 shall hereby be null and void relative to the properties described in this disannexation ordinance. SECTION 4. The Non-Annexation Agreement executed by Jeffrey and Erin Schuld and duly recognized by City Council on October 25, 2011 by Resolution 1438, and attached hereto as Exhibit "C", shall apply to the entire 10.0 acre property described in Exhibits "A" and "B" and shall remain in effect for the entire acreage until October 25, 2019. SECTION 5. This ordinance shall be effective from and after May 22, 2012. Page 2 PASSED AND APPROVED this,the 22nd day of May 2012. 11111 �4. 0 a , ' Jr.fer H. II rip,Mayor ATTEST: -,e,”67 27_,,,,_:„ . .._, „ ,.„ .„, , . ,,,, ,,.. _ . . . . __. _. ... : _._ Peggy Cimics, City Secretary - I ti Page 3 EXHIBIT A DISANNEXATION METES &BOUNDS TRACT A - 1.08 Acres Beginning at a point of access from Haeckerville Road traveling S 57° 53' 49"W,for a distance of 2,288.57';thence, S 59° 42' 26"W,for a distance of 693.18' and following Southwest property line of Abstract 271 Survey F.Rodriguez, S 86° 21' 35"W,for a distance of 670.71'to the point of commencement of said 1.08 Acre tract. THENCE: N 73° 06' 30"W,for a distance of 436.04' to a point; N 58° 17' 27"E,for a distance of 287.93'to a point; S 31° 47' 01"E,for a distance of 327.08' to the point of commencement and containing 1.08 acres more or less. Page 4 EXHIBIT B DISANI • ) _ NEXATION METES & BOUNDS MAP 5 1 ¢ -41 © - m . . 111111111111111111111 / . 4 IL-1 I . _ .„....,,, i - , , .. . . „ . . _ . ___,... . ___ c ,,,qpc 'T CTA-7 LOWER VALLEY LN. � • - - 8 •CRES , i alla { l. >.- •+ _ 164.85 ACRES TRACT B pr DW LN. 0 A R . - 16 141J14* 111111111.1111 u Rill . ir a. , c„t _ Page 4 EXHIBIT C SCHULD NON-ANNEXATION AGREEMENT (Attached) Page 6