RES 1433 08/09/2011 OF
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RESOLUTION NO. 11,,I
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT HEREBY RECOGNIZES AND APPROVES
THE NON-ANNEXATION AGREEMENT EXECUTED BETWEEN
THE CITY OF CIBOLO AND THE PROPERTY OWNER WITHIN
THE 123.62 ACRE ANNEXATION AREA DESCRIBED HEREIN, AS
AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS ON JUNE 14, 2011. PROPERTY DESCRIBED IN THE NON-
ANNEXATION AGREEMENT IS EAST OF THE CORPORATE
LIMITS OF THE CITY OF CIBOLO, NORTH OF INTERSTATE
HIGHWAY 10 BETWEEN FM 465 AND SCHWAB ROAD AND IS
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 June 14, 2011, authorized the
annexation of 123.62 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 one (1) Non-Annexation Agreement for a property
that comprises an aggregate area of 109.97 acres out of the 123.62 acre annexation area
authorized by the City Council of the City of Cibolo, Texas on June 14, 2011.
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1. The Non-Annexation Agreement executed between the City of Cibolo and the
one eligible property owner within the 123.62 acre annexation area described in Exhibit A, is
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 August 9, 2011.
PASSED AND APPROVED this, the 91h day of August 2011.
JJe ifer H an, ayor
ATTEST:
�9y
Peggy Cimics, City Secretary
Page 2
EXHIBIT A (Field Notes)
ANNEX MAP—AUGUST 9, 2011
FOR THE
CITY OF CIBOLO, TEXAS
Field Notes for 123.62 Acres of land to be considered for annexation into the City of Cibolo,
Guadalupe County, Texas, from the 123.62 Acre annexation area 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 Northeastern corner of a 274.92 Acre tract listed in the
Guadalupe County Appraisal District, Account No. 65890 is the POINT
OF BEGINNING of herein described 123.62 Acre tract.
THENCE: S 30° 52' 46" E, for a distance of 3544.73' to a point crossing IH-10 to
the South Right-of-Way;
Continuing along the South Right-of-Way, S 73° 23' 48" W, for a
distance of 1865.39' to a point;
Leaving the South Right-of-Way of IH-10 and continuing N 23° 24'
15"W, for a distance of 2066.13' to a point;
Continuing along a chord of which bears N 23' 28' 19" W, for a
distance of 257.80', the curve having a radius of 10560.00', a curve
length of 257.80' and a central angle of 1° 23' 56" to point;
Continuing along a chord of which bears N 25° 26' 39" W, for a
distance of 793.69', the curve having a radius of 42240.00', a curve
length 793.70' and a central angle of 1' 04' 36"to a point;
N 59° 30' 19" E, for a distance of 1430.61' to the POINT OF
BEGINNING and containing 123.62 Acres more or less.
All of which will be covered by a Non-Annexation Agreement, and the
following 13.65 tract which would be annexed:
- Guadalupe County Appraisal District Account No. 65890
Espinoza Delgado Jose L & Jose L E Amezcua
(109.97 Ac. out of 274.9200 Ac.)
For a total of all area of 123.62 acres
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EXHIBIT A (Graphically)
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EXHIBIT B
EXECUTED NON-ANNEXATION AGREEMENT
CITY OF CIBOLO NON ANNEXATION
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement"), dated July 26, 2011 ("Effective
Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality
located in Guadalupe County, Texas ("City"), and _ESPINOZA DELGADO JOSE L & JOSE L E
AMEzcUA ("Landowner");
WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that
is appraised 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 of the Tax Code and such real property being more particularly depicted in Exhibit A
attached hereto and incorporated into this agreement(the"Property");
WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral
annexation of a property which is appraised 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 that a municipality must offer a
development agreement to said property owner pursuant to Texas Local Government Code
Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a
certain time and authorizes the enforcement of all regulations and planning authority of the
municipality that do not interfere with the use of the area for agriculture, wildlife
management, or timber; and
WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of
Texas Local Government Code Sections 43.035 and 212.172; and
WHEREAS, in recognition of the mutual benefits to be derived from the controlled
development of the Property and its guaranteed continued extra territorial status for a certain
time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and
43.035 of the Local Government Code of the State of Texas, to evidence their agreements
with respect to guaranteeing the continuation of the extraterritorial status of the land and its
immunity from annexation by the City for a period years, extending the municipality's
regulatory authority over the land by providing for all regulations and planning authority of
the City that do not interfere with the use of the area for its currently appraised purpose,
authorizing enforcement by the City of certain regulations in the same manner the regulations
are enforced within the City's boundaries and authorizing enforcement by the City of certain
agreed upon land use and development regulations; and
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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 on July 24,
2007.
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 and 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 at the 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 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.
Page 6
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 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; BindingEffect.ffect. 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 for eight (8) years from the
date signed by the parties. 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
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the signatures of all parties hereto be contained on any one counterpart hereof. A
facsimile transmission shall be deemed to be an original signature.
EXECUTED by the parties hereto to be effective as of the date first set forth above.
City of Cibolo, a home rule municipality in Landowner:
Guadalupe County, Texas
ESPINOZA DELGADO JOSE L&JOSE L E AMEZCUA
By: Address: 7870 W IH 10
Gary COX, Acting Cibolo City Manager Or Seguin
Randal Anderson, Senior Planner City:
State/Zip: TX, 78155
Date: July 26, 2011 Date: July 26, 2011
Page 8
EXHIBIT A
Guadalupe CAD
Property Search Results>Property ID 65890 ESPINOZA DELGADO JOSE L&JOSE L E
AMEZCUA for Year 2011
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Account
Property ID. 65890
Geo.ID: 2G0196-OOW-01400-0-00
Type: Real
Legal Description:ABS:196 SUR:JAMES JACK 274.5200 AC.
Location
Address: FFA 465 TX
Neighborhood: IH 10 WEST
Mapsco:
Jurisdictions: Q61Q,-W&LIR Mm
Owner
Name: ESPINOZA DELGADO JOSE L 8 JOSE L E AMEZCUA
Address: 7870 W IH 10
SEGUIN,TX 78155
Prey _
Appraised
Valuer $280;320
Website version:1.22.0 Database last updated on:T2&2011 8:31 O 2011 True Automation,Inc.A9 Rights
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EXHIBIT B
CITY OF CIBOLO NON ANNEXATION DEVELOPMENT
AGREEMENT
Affidavit of Tax Appraisal Status and Current Uses
ESPINOZA DELGADO JOSE L&JOSE L E AMEZCUA are the owners of the property located at 7870 w
I-10, Seguin, TX. Said property is appraised for ad valorem tax purposes under the Texas Tax
Code for Agricultural purposes."
"Further, this property is currently being used for the following uses: Agricultural.
Said property owners did not personally appear to execute this Non-Annexation Agreement.
Since the owners of this property were eligible under Texas Tax Credit Code to be offered a Non-Annexation
Agreement the City of Cibolo unilaterally has bestowed this Non-Annexation Agreement on said property
identified by Guadalupe County AppraisalDistrict as Tax Parcel#65890 as shown attached hereto as Exhibit A.
a Non-Annexation Agreement in lieu of the immediate annexation of this property. The term of the Non-
Annexation Agreement shall run to August 9 2011 for the entire parcel 65890, unless the owner or his assigns
chose to terminate the agreement as stipulated in the terms of the agreement. "
Signed:
Printed Name: Randal Anderson, City Planner
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EXHIBIT C
CITY OF CIBOLO
LIST OF MUNICIPAL REGULATIONS
List of City of Cibolo Ordinance Referencing
Land Uses, Development Requirements and Permits
*as they exist or may be amended
*Ordinance No. Description
609 Zoning Ordinance w/amendments
590 Subdivision Regulations w/amendments
583 Sign Ordinance w/amendments
638 Landscape and Tree Preservation
775 2005 NEPA70 NEC
776 International Mechanical Code 2006
777 International Plumbing Code 2006
778 International Building Code 2006
779 International Existing Building Code 2006
780 International Residential Code 2006
781 International Fire Code 2006
782 International Fuel Gas Code 2006
783 International Private Sewage Disposal Code 2006
784 International Property Maintenance Code 2006
785 International Energy Conservation Code 2006
797 Fireworks Regulations
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