ORD 800 03/27/2007 ORDINANCE NO. R n n
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY
LIMITS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING
177.22 ACRES OF LAND SITUATED IN THE GERONIMO LEAL
SURVEY AND THE JOSEFA DE CORTINAS SURVEY, GUADALUPE
COUNTY, TEXAS, AND LOCATED SOUTH OF FM 78 AND
APPROXIMATELY 1.25 MILES EAST OF COUNTRY LANE AND
APPROVING A SERVICE PLAN FOR SUCH AREA.
WHEREAS,the City of Cibolo, Texas received a petition requesting annexation from the owner
of land that is one-half mile or less in width, contiguous to the City of Cibolo, Texas, and vacant
and without residents or on which fewer than three qualified voters reside; and
WHEREAS, Texas Local Government Code section 43.028 authorizes the City of Cibolo, Texas
to annex sparsely occupied areas on petition of the area's landowners; and
WHEREAS, in accordance with state law, the above-described petition was filed with the City
of Cibolo, Texas on Wednesday, January 3, 2007; and
WHEREAS, the City Council of the City of Cibolo, believing that the above-described petition
was properly filed pursuant to Texas Local Government Code 43.028, believed that it was in the
best interests of the City of Cibolo to grant said petition on January 9, 2007; and
WHEREAS, on the 27th day of February, 2007 and the 1st day of March, 2007, the City Council
of the City of Cibolo, Texas held public hearings on the proposed annexation of a tract of land
containing 177.22 acres, situated outside of, but immediately adjacent to, the current corporate
limits of the City of Cibolo, Texas and such public hearings gave all interested persons the right
to appear and be heard on the proposed annexation of such land; and
WHEREAS, notice of the above mentioned public hearings was published in The Herald on
February 15, 2007, a newspaper having general circulation in the City of Cibolo, Texas and
within the territory to be annexed, in accordance with law; and
WHEREAS, the aforementioned public hearings were conducted not more that forty (40) days
nor less that twenty(20) days prior to the institution of annexation proceedings; and
WHEREAS, the population of the City of Cibolo, Texas is in excess of 10,000 inhabitants, and
the area to be annexed lies within the extraterritorial jurisdiction of the City of Cibolo, Texas,
and lies adjacent to and adjoins the City of Cibolo, Texas.
NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of
Cibolo, Texas, more particularly described as those portions of the tracts of land described in
Exhibit A, attached hereto and incorporated herein by reference, is hereby added and annexed to
the City of Cibolo, Texas, and said territory, as described, shall hereafter 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 Exhibit A, are altered and amended so as to include said
areas within the corporate limits of the City of Cibolo, Texas.
SECTION 2. The land and territory more particularly described as those portions of the tracts
of land described in Exhibit A, attached hereto and incorporated herein by reference, shall be
part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and
privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of
the City of Cibolo, Texas.
SECTION 3. A service plan outlining the provisions of necessary municipal service to the
properties described in Exhibit A, is hereby approved and the implementation of said plan is
hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B.
SECTION 4. This ordinance shall be effective from and after
PASSED AND APPROVED this,the a-7 day of Picc,r-c 4 , 2oo7.
/V'
• P" Y SU" IN, MAYOR
Y OF CIBOLO, TEXAS
ATTEST:
PEGGY CIMICS, CITY SECRETARY
CITY OF CIBOLO, TEXAS
APPROVED AS TO FORM:
SUSAN C. ROCHA
CITY ATTORNEY
CITY OF CIBOLO, TEXAS
JUN-16-2000 01:51 From:LAND DEV SERVICE 2107641359 To:6581687 P.5/5
'EXHIBIT
"A"
177.22 ACRES
STATE OF TEXAS
COUNTY OF GUADALUPE
Field notes for a 177.22 acres of land being approximately 174.12 acres out of the
Geronimo Leal Sntvey,and approximately 3.1 acres of land out of the Josefa De Cortinas
Survey in Guadalupe County,Texas and being the residue of a called 200.895 acre tract
of land as described in a deed from Reitmeyer investments Holding Company, Ltd.,to
Reitmeyer Investments, Ltd.,A Texas Partnership,recorded in Volume 1312,Page 133
of the Official Public Records of Guadalupe County, Texas. Said 200.895 acres being
comprised of all that 70 41 acre tract of land as described in a deed by Alma Schraub to
Alfred Schraub by deed dated July 13, 1963 and recorded in Volume 358,Page 26-29 of
the deed records of Guadalupe County, Texas, all of that 62.23 acre tract of land as
described in a deed by George Schraub, et al to Alfred Schraub, et ux by deed dated
March 31, 1945 and recorded in Volume 209,Page 277 of the deed records of Guadalupe
County, Texas, the greater part of that certain 66 acre tract described in a Decree of
Partition from Wilhehmia 5cMaub dated December 21, 1910 and recorded in Volume 35,
Pages 483-488 of the deed records of Guadalupe County,Texas and the greater part of
that certain 7.69 acre tract as described in a deed from Wilhelmine Schraub, widow of
William Schraub to Alfred Schraub by dccd dated December 14, 1927 and recorded in
Volume 95, Page 482 of the deed records of Guadalupe County, Texas, Title to said
200.895 acre tract conveyed by Lillie Amanda Schraub, widow of Alfred Schraub to
Dorthy Alexander and Justin threy by deed dated July 14, 1973 and recorded in Volume
538,Pages 313-314 of the Deed Records of Gaudalupe County,Texas,the description of
the property in said deed is in error in that it describes the Wilhelmina Schraub 200 acre
tract as described in Volume 35, on Pages 438-488 and not the total of the Alfred
Schraub property,Said 177.22 acres tract being more particularly described by metes and
bounds as follows;
BEGINNING at a one half inch steel pin found on the south right-of-way line of F.M.
Highway 78 for the northwest corner of this tract and being the northwest corner of a
called 200.895 acre tract as described in a deed from Reitmeyer Investments Holding
Company, Ltd., to Reitmeyer Investments, Ltd., A Texas Partnership, recorded in
Volume 1312,Page 133 of the Official Public Records of Guadalupe County,Texas.
THENCE with the south Right-Of-Way Line of F.M.Highway 78, North 84° 43' 00"
East,a distance of 1978.58 feet to a one half inch steel pin set for the northeast corner of
this tract and being the northwest corner of Meadow View Estates,recorded in Volume 5,
Page 93B of the Map and Plat records of Guadalupe County,Texas,and also being on the
west right-of-way line of Deer Meadow
THENCE along the west right-of-way line of Deer Meadow, South 50° 17' 29"Last, a
distance of 36.29 feet to a one half inch steel pin set on a curve to the left
THENCE with said curve to the left(whose radius is 1188.28 feet,central angle is 14°
23' 21"and whose chord hears South 22°59'44"East,a distance of 297.64 feet)an are
distance of 298.42 feet to a one half inch steel pin set for the PT of the curve.
JUN-16-2000 01:50 From:LAND DEV SERVICE 2107641359 To:6581687 P.3/5
THENCE with the west line of said Lot 9,South 30° 11'24"East,a distance of 109.68
feet to a one half inch steel pin set for the southwest corner of Lot 9,
THENCE with the south line of said Lot 9,North 72°24'59"East,a distance of 204.94
feet to a one half inch steel pin found for the southeast comer of Lot 9.
THENCE with the west line of Meadow View Estates, South 30° 11' 24" East, a
distance of 858.16 feet to a one half inch steel pin found on the north right-of-way line of
Golden Meadow for the southwest corner of Lot 1
THENCE with the north right-of-way line of Golden Meadow the following two calls;
South 59° 53' 02" West, a distance of 238.21 feet to a one half inch steel pin set and
South 82° 03' 55" West,a distance of 169.22 feet to a one half inch steel pin set I'or a
corner of this tract and being the northwest corner of Meadow View Estates 111,recorded
in Volume 5,Page 11SA of the Map arid Plat Records ofGuadulupe County,Texas.
THENCE with the west line of Meadow View Estates iii, South 07° 53' 32"East, a
distance of 350.44 feat to a one half inch steel pin set for the southwest corner of Lot 22
and being on the north line of a called 52.14 acre tract of land as described in a deed to
Clayton L. rk Jackie L. Stolte by deed recorded in Volume 476, page 628 of the Deed
Records of Guadalupe County,Texas.
THENCE with the northwest line of the Stolte tract and the southeast line of the Allied
Schraub 62,23 acre tract also being the southeast line of a called 60.668 acres recorded in
Volume 861,Page 201 of the Deed Records of Guadalupe County,Texas,South 59°51'
58" West, a distance of 449.92 feet to a one half inch steel pin found for the northern
most northwest corner of the Stolte tract.
THENC.ry with the southwest line of the Stolle 52.14 acre tract,and being the northeast
line of the Alfred Sehraub 70.41 acre tract,South 30°10'00"East,a distance of 961.33
feet to a one half inch steel pin found for a salient porter of the Stolte 52.14 acre tract and
the east corner of this tract.
THENCE with the northwest and north line of the Solte 52.14 acre tract,a southeast and
south line of the Alfred Sehraub 70 41 acre tract the following two calls;South 59°50'
00"West,a distance of 188.00 feet to a one half inch steel pin set and South 81"52' 57"
West,a distance of 981.95 feet to a one half inch steel pin found for a salient corner of
the Alfred Sehraub 70.41 acre tract and for the west corner of the Stolte 52.14 acre tract.
THENCE with the southwest line of the Stolte 52.14 acre tract,and being the northeast
line of the Alfred Schraub 70,41 acre tract,South 30°14'23"Last,a distance of 1090.07
feet to a one half inch steel pin set on the northwest right-of-way line of County Road
318(AKA Arizpe Road)for the south corner of the stolte 52.14 acre tract and being on
the southeast line of the Wilhelmina Schraub 200 acre tract.
THENCE alottg the northwest right-of-way line of County Road 318,South 59°38' 14"
West, a distance of 1283.59 feet to a 1 V2 inch pipe found I'or the south corner of this
tract,in the southeast line of the Geronimo Leal Survey also being the southeast line of
the Alfred Schraub 70.41 acre tract and the southeast line of the Wilhelmina Schraub 200
acre tract.
JUN-16-2000 01:50 From:LAND DEV SERVICE 2107641359 To:6581687 P.4'5
THENCE with the southeast lute of the 15 acre tract, a northwest line of the Alfred
Schraub 62.23 acre tract,North 590 43'37"East,a distance of 1342.50 feet to a eye bolt
found for the east corner of the 15 acre tract and a salient corner of the Alfred Schraub
62.23 acre tract and a salient corner of this tract.
THENCE with the northwest line of the 15 acre tract, the northwest line of a 67 acre
tract as described in a Decree of Partition from Wilhclmina Schrauh to Julia Schraub
(now Mrs l:lerbert Krause)dated December 21, 1910 and recorded in volume 35 on Pages
483-488 of the deed Records of Guadalupe County,Texas and being a southwest line of
the Allied Schrauh 62.23 acre tract, the southwest line of the Alfred Schrauh 66 acre
tract, North 30° 29' 23" West, a distance of 2264.96 feet to the PLACE OF THE
BEGINNING.
(Reference is hereby made to an 24"x 36"survey plat prepared this same date.)
(All pins set with red cap stamped No.4724)
REARING BASED ON DEED RECORDED IN VOLUME 1312,PAGE 133 0.1?'ME
OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY,TEXAS.
1,Jerry D. Wilkie,Jr.,hereby certify that these field notes were prepared from an on the
ground survey made ander my direction arid supervision on January 20,2004,
Jerry D.Wilkie,Jr.
Registered Professional Land Surveyor
No.4724
Job Number 14168
`Exhibit B'
2007 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR 2007 ANNEXATION—BISON RIDGE PROPERTY
Upon annexation of the area identified above and as identified on Exhibit A,the City of Cibolo will provide City services
utilizing methods by which it extends services to any other equivalent area of the City.
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1. Police Protection
The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed
areas at the same or similar level of service now being provided to other areas of the City with like
topography, land use and population density as those found within the newly annexed areas. The
Police Department will have the responsibility to respond to all dispatched calls for service or
assistance within the newly annexed areas.
2. Fire Protection and Emergency Medical Services
The City of Cibolo, Texas contracts with the Cibolo Volunteer Fire Department and will provide fire
protection to newly annexed areas through that contract at the same or similar level of service now
being provided to other areas of the City, with like topography, land use and population density as
those found within the newly annexed areas.
The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS
services through that contract to newly annexed areas at the same or similar level of service now
being provided to other areas of the City, with like topography, land use and population density as
those found within the newly annexed areas.
3. Maintenance of Water and Wastewater Facilities
All of the newly annexed properties are within the service area of Green Valley Special Utility District.
All wastewater facilities owned or maintained by the City of Cibolo at the time of the proposed
annexation shall continue to be maintained by the City of Cibolo.All wastewater facilities which may
be acquired subsequent to the annexation of the proposed areas shall be maintained by the City of
Cibolo to the extent of its ownership. The now existing wastewater mains at existing locations shall
be available for the point of use extension based upon the City of Cibolo standard extension policy
now existing or as may be amended. On-site sewerage systems may be maintained in accordance
with the City's Code of Ordinances.
4. Solid Waste Collection
The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate
limits of the City with Waste Management. Solid waste collection will be provided to citizens in the
newly annexed areas at the same or similar level of service now being provided to other areas of the
City with like topography, land use and density as those found within the newly annexed areas. The
City may negotiate with annexed areas to allow continued services with an existing solid waste
management provider. After the second anniversary of the annexation date,the City will impose fees
and provide the service.
If areas with private roads and/or gates are arranged so that garbage may be collected without
creating a safety hazard, the City, at its discretion, may collect the garbage provided proper
indemnification is received from the community association or individual property owners. The City
will then impose fees and provide the service. Garbage collection locations shall be subject to the
approval of the Sanitation Manager. In the event the City does not collect garbage within the areas
with private roads and/or gates, residents of these areas will not be billed for service after the two-
year date.
Page 1
5. Maintenance of Roads and Streets
Any and all public roads,streets or alleyways shall be maintained to the same degree and extent that
other public roads, streets, and alleyways are maintained in areas of the City with like topography,
land use and density as those found within the newly annexed areas. Private roads will remain under
the ownership of the homeowners association and as such maintained by the association.
6. Maintenance of Parks, Playgrounds,and Swimming Pools
The City of Cibolo,Texas is not aware of the existence of any publicly owned parks, playgrounds or
swimming pools now located in the proposed areas of annexation. In the event any such parks,
playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas
and facilities to the extent and degree and to the same or similar level of service now being provided
to other such areas and facilities within the corporate limits of the City with like topography, land use
and density as those found within the newly annexed areas. Private facilities will remain under the
ownership of the homeowners association and as such maintained by the association.
7. Maintenance of any Publicly owned Facility, Building or Municipal Service
The City of Cibolo,Texas is not aware of the existence of any publicly owned facility,building,or other
municipal service now located in the proposed areas of annexation. In the event any publicly owned
facility, building, or other municipal service does exist and are public facilities, the City will maintain
such areas and facilities to the extent and degree and to the same or similar level of service now
being provided to other such areas and facilities within the corporate limits of the City with like
topography, land use and density as those found within the newly annexed areas.
8. Other Services
The City of Cibolo, Texas finds and determines that such services as planning, code enforcement,
animal control, library, parks and recreation,court and general administration will be made available
after the effective date of annexation at the same or similar level of service now being provided to
other areas of the City with similar topography, land use and density as those found within the newly
annexed areas.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2'/2 YEARS
1. Police and Fire Protection and Solid Waste Collection
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2 1/2 years of the effective date of the annexation of the particular annexed areas
for the purpose of providing police protection, fire protection, emergency medical services or solid
waste collection. The City finds and determines that it has at the present time adequate facilities and
other resources to provide the same type, kind and level of service and protection which is presently
being administered to other areas already incorporated in the City of Cibolo, Texas with like
topography, land use and population density as those found within the newly annexed areas.
2. Wastewater Facilities
For the next 2%years,Cibolo finds and determines that there is sufficient capacity for wastewater to
provide services to the annexed areas pursuant to the City of Cibolo's extension policies. The
construction of any capital improvements necessary to extend water and wastewater services to an
annexed area will be completed pursuant to Chapter 43 of the Texas Local Government Code, as
amended and Chapter 130 of the City Code of Ordinances.
3. Roads and Streets
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2'/years of the effective date of the annexation of the particular annexed areas.
4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned
Facility, Building,or Service
Page 2
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2%2 years of the effective date of the annexation of the particular annexed areas
for the purpose of parks maintenance, playgrounds,swimming pools and other publicly owned facility,
building or service.
SPECIFIC FINDINGS
The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer
services and will not provide a lower level of service in the areas being considered for annexation that were in
existence in the proposed areas at the time immediately preceding the annexation process. Given the
proposed annexation areas' topography, land utilization and population density, the service levels to be
provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar
characteristics.
TERMS
This plan shall be valid for a term of ten(10)years. Renewal of the Service Plan is at the discretion of the City
of Cibolo.
LEVEL OF SERVICE
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of
the City, including the annexed areas, if different characteristics of topography, land use, and population
density are considered a sufficient basis for providing different levels of service.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas
Local Government Code.
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