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RES 1422 03/22/2011 r0 M X A S of( hoicc.. RESOLUTION NO. 1 ,�.9 9 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT HEREBY RECOGNIZES AND APPROVES ALL NON-ANNEXATION AGREEMENTS EXECUTED BETWEEN THE CITY OF CIBOLO AND PROPERTY OWNERS WITHIN THE 377.31 ACRE ANNEXATION AREAS DESCRIBED AS AREAS 1, 2 AND 3, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON JANUARY 25, 2011. PROPERTIES DESCRIBED IN ALL NON-ANNEXATION AGREEMENTS ARE EAST OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, GENERALLY ALONG, AND NORTH AND SOUTH OF, INTERSTATE HIGHWAY 10 BETWEEN SOUTH SANTA CLARA ROAD AND SANTA CLARA CREEK, AND ARE LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and Page 1 WHEREAS, the City Council of the City of Cibolo, Texas, on January 25, 2011, authorized the annexation of 377.31 acres of its Extraterritorial Jurisdiction located in an area adjoining the existing City of Cibolo, Texas corporate boundary in the area described herein; 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(a)(2) to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the City of Cibolo executed five (5) Non-Annexation Agreements for properties that comprise an aggregate area of 207.18 acres out of the 377.31 acre annexation area authorized by the City Council of the City of Cibolo, Texas on January 25, 2011. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. All Non-Annexation Agreements executed between the City of Cibolo and eligible property owners within the 377.31 acre annexation area described in Exhibit A, are hereby recognized as being approved and in full force and effect and are attached hereto and incorporated herein as Exhibit B. SECTION 2. This resolution shall be effective from and after March 22, 2011. PASSED AND APPROVED this, the 22nd day of March 2011. nnife artman, Mayor ATTEST: .e -irj 41 Peggy Cimics, City Secretary Page 2 EXHIBIT A (Field Notes) Page 3 ANNEX MAP—MARCH 22,2011 FOR THE CITY OF CIBOLO,TEXAS Field Notes for a 13.28 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 13.28 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo,Guadalupe County,Texas. AREA #1 BEGINNING: at a point at the Southern corner of a 40.30 Acre tract listed in the Guadalupe County Appraisal District, Account No. 71043, and POINT OF BEGINNING of herein described 13.28 Acre tract. THENCE: N 58' 52'26"E,for a distance of 1300.13' to a point, Continuing along a chord of which bears S 26° 36' 27" E, for a distance of 798.68'; the curve having a radius of 36,960.00', a curve length of 798.69'and a central angle of 1' 14' 17"to point; S 89°09'43"W,for a distance of 218.56' to a point; N 05°36'32"W,for a distance of 47.23'to a point; S 88°00'22"W,for a distance of 273.48' to a point; S 69°23' 30"W,for a distance of 169.66' to a point; N 89°53' 54"W,for a distance of 118.30'to a point; S 77°36' 15"W,for a distance of 198.71'to a point; N 89°53' 54"W,for a distance of 316.20'to a point; N 76°30' 55"W,for a distance of 138.25' to a point; N 340 11' 06" W, for a distance of 93.19' to the POINT OF BEGINNING and containing 13.28 Acres more or less. Page 4 ANNEX MAP—MARCH 22,2011 FOR THE CITY OF CIBOLO,TEXAS Field Notes for a 160.67 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 160.67 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo,Guadalupe County, Texas. AREA #2 BEGINNING: at a point at the Southern comer of a 50.35 Acre tract listed in the Guadalupe County Appraisal District, Account No. 71061, and is the POINT OF BEGINNING of herein described 270.36 Acre tract. THENCE: N 30° 50' 01" W, for a distance of 899.84' to a point along the Southern Right-of-Way of IH 10; Continuing along the Southern Right-of-Way of IH 10, N 66° 12' 11"E,for a distance of 237.06'to a point; Leaving the Southern Right-of-Way, crossing IH 10 and continuing N 28°40' 41"W,for a distance of 1,770.94' to a point; N 62° 10'32"E,for a distance of 2,756.06' to a point; S 40°05'29"E,for a distance of 382.26'to a point; S 37°47' 17"E,for a distance of 1,092.25' to a point; N 59°31' 30"E,for a distance of 1,411.47' to a point; N 29°28' 54"W,for a distance of 1,078.61'to a point; N 59°56' 47"E,for a distance of 1,039.13' to a point; N 32°29' 11"W,for a distance of 496.10'to a point; N 57°08' 13"E,for a distance of 206.17'to a point; Continuing along a chord of which bears S 25° 03' 44" E, for a distance of 737.37'; the curve having a radius of 19,692.43', a curve length of 737.41' and a central angle of 2°08'44"to point; Page 5 S 23°24' 15"E, for a distance of 1,802.26' to a point to and across IH 10; Continuing along a chord of which bears S 21' 24' 18" E, for a distance of 171.87';the curve having a radius of 5,280.00', a curve length of 171.88' and a central angle of 1' 5V 55"to point; S 60°25' 00"W, for a distance of 1,851.96' to a point; S 60° 02' 36" W, for a distance of 3,729.10' to the POINT OF BEGINNING and containing 270.36 Acres more or less. The annexed area is to include 270.36 Acres as described above less the following parcels: - Guadalupe County Appraisal District Account No. 71066 Friederick, Joyce W(0.7500 Ac.) - Guadalupe County Appraisal District Account No. 71064 Friederick,Joyce W(7.5680 Ac.) - Guadalupe County Appraisal District Account No. 71061 Weber, Sidney F(50.3510 Ac.) - Guadalupe County Appraisal District Account No. 114437 Weber, Larry and Penny(2.6800 Ac.) - Guadalupe County Appraisal District Account No. 71070 Weber, Delvin C(18.3800 Ac. out of 25.0200 Ac.) - Guadalupe County Appraisal District Account No. 71078 Atsinger Family Trust Etal. (29.97 Ac. out of 50.0000 Ac.) for a total area to be annexed: 160.67 Acres. Page 6 ANNEX MAP—MARCH 22,2011 FOR THE CITY OF CIBOLO,TEXAS Field Notes for a 0.00 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 0.00 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo,Guadalupe County,Texas. AREA #3 BEGINNING: at said point being approximately 360.27' from the most Southwestern corner of a 131.90 Acre tract listed in the Guadalupe County Appraisal District, Account No. 70990, and POINT OF BEGINNING of herein described 93.67 Acre tract. THENCE: N 60°02' 36"E,for a distance of 4,110.66' to a point; N 60°25' 00"E,for a distance of 1,851.96'to a point; Continuing along a chord of which bears S 13° 56' 07" E, for a distance of 1,202.20'; the curve having a radius of 5,280.00', a curve length of 1,204.82' and a central angle of 13° 04' 26" to a point; S 60°06' 18"W,for a distance of 240.81' to a point; N 31°38' 53"W,for a distance of 552.05' to a point; S 580 57' 31"W,for a distance of 5,352.36'to a point; N 31° 44' 11" W, for a distance of 717.16' to the POINT OF BEGINNING and containing 93.67 Acres more or less. The annexed area is to include 93.67 Acres as described above less the following parcels: - Guadalupe County Appraisal District Account No. 70990 Murphy, Joann F and Claudett June Turk (93.6700 Ac. out of 131.9000 Ac.) Page 7 EXHIBIT A (Graphically) SFGU LINE TABLE �A/4vm SNF iEMOT1 BE�NMq r� SCHMOEKEL RD CURVE TABLE AVE IENDTN MgU.q DELTA IF rHOM DIRECT CHORD I--_TAREA#I---- TOTAL OTAL ACRES=13.28 AREA#2 TOTALCRES=270.36 Cr TOTAL ACRE58�NG ANNEXED=160 AREA#[ [.67 mr��x�■ R � � Cy(y0 (ernr ■ U Qui-. Z LA N N n, Z ' AREA#3_r L t-- TOTAL ACRES=93.67 .._____j GIN RD. u , i ANNLX MAP I� MARCH 22.2011 % LEGEND 1! •'I_.,I� rv......w _ ; r --_ =url..1 .00,10 FVGIVF.ERING - •✓ Page 8 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS (ATTACHED) Page 9