RES 1406 04/27/2010 OF C/A
0
V r O
�eXas
"Cin/of Choice"
RESOLUTION NO. 1406
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
CIBOLO TO ENTER INTO A EXTRATERRITORIAL JURISDICTION
AGREEMENT WITH THE CITY OF SAN ANTONIO FOR THE
RELEASE OF AN AREA OF APPROXIMATELY 3,769 ACRES (5.9
SQUARE MILES) AND TO AGREE WITH ALL THE TERMS AND
CONDITIONS OF SUCH AGREEMENT; AUTHORIZING THE CITY
MANAGER OF THE CITY OF CIBOLO TO TAKE ACTION
NECESSARY TO ENTER INTO THE EXTRATERRITORIAL
JURISDICTION AGREEMENT WITH THE CITY OF SAN ANTONIO.
WHEREAS, the City of Cibolo has requested that San Antonio release from its
extraterritorial jurisdiction an area of approximately 3,769 acres (5.( square miles) so that
it may incorporate such area into the extraterritorial jurisdiction of Cibolo;
WHEREAS, incorporation of this area into the extraterritorial jurisdiction of Cibolo
would allow Cibolo to exercise jurisdiction over the transferred property;
WHEREAS, both municipalities are desirous of entering into this Agreement to permit
this arrangement; and
WHEREAS all the parties agree to the General Terms and Conditions set forth in the
Agreement;
NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO, TEXAS THAT THEY AGREE TO THE FOLLOWING
TERMS AND CONDITIONS:
A. San Antonio shall release from its extraterritorial jurisdiction and relinquishes
control over an area containing approximately 3,769 acres of land located
along IH-10 East corridor, and east of the Bexar County boundary line with
Guadalupe County (Cibolo Creek) and more particularly described by metes
and bounds and map attached hereto as Exhibit A and incorporated herein for
all purposes. San Antonio shall take such further and additional action as
Cibolo may reasonably request to evidence the release of the transferred
property from its extraterritorial jurisdiction.
B. Cibolo will promptly incorporate the transferred property into its
extraterritorial jurisdiction.
C. Upon bringing the transferred property into its extraterritorial jurisdiction,
Cibolo agrees that it will do the following:
1. Extend a land use plan to the transferred property similar to San
Antonio's IH-10 East Perimeter Plan, a copy of Cibolo's Land Use Plan is
attached hereto as Exhibit B and incorporated herein for all purposes,
allowing for commercial nodes, agriculture, open space, and low density
residential uses;
2. Prohibit new billboards from being erected along IH-10 East on the
transferred property except in accordance with the City's Unified
Development Code.
3. Extend Cibolo's Major Thoroughfare (MTP) establishing the same amount
of right-of-way required by San Antonio's MTP for Lower Sequin Road,
which is 86 feet (the only road in the area included in San Antonio's
MTP);
4. Extend Cibolo's subdivision regulations to the transferred property in
accordance with the Cibolo UDC;
5. Extend Cibolo's tree ordinance to the transferred property, which shall
protect existing significant and heritage trees, in accordance with Cibolo's
UDC;
6. Extend Cibolo's open space/floodplain preservation policy that shall allow
for cluster developments, acquisition of existing property if necessary,
floodplain buffer dedication and passive recreation uses of floodplains, in
accordance with Cibolo's UDC.
7. Start annexation proceedings as to the portion of the transferred property
described on exhibit C and incorporated herein for all purposes and
prosecute such proceedings diligently to conclusion;
8. Provide services and regulations to the transferred property as required by
Chapter 43 of the Texas Local Government Code; and
9. Contribute an amount equal to 50% of sales tax revenue collected in the
transferred property to San Antonio beginning upon the effective date of
the first annexation of land within the transferred property and continuing
for a period of 15 years.
D. The transferred property shall revert back to San Antonio's extraterritorial
Jurisdiction automatically, without action by either party, if Cibolo fails to
begin the annexation proceedings described in I.C.7(a) above by December
2
31, 2010. In addition, once Cibolo has begun such annexation proceedings, if
it fails to prosecute such proceedings diligently to a conclusion, the City of
San Antonio has the right to re-enter the transferred property, taking it back
into San Antonio's extraterritorial jurisdiction by filing a written declaration
of re-entry in the Official Records of Real Property of Bexar County, Texas.
If a court rules that Cibolo cannot annex the property described in I.C.7(a)
above, then the transferred property shall revert back to San Antonio's
extraterritorial jurisdiction automatically, without action by either party.
E. Cibolo shall file record a copy of this Agreement for each tract of land within
the transferred property affected by this Agreement in the Real Property
Records of Guadalupe County, Texas.
PASSED AND APPROVED this, the 27th day of April, 2010.
CITY OF CIBOLO, TEXAS
: Jeoffer artman
Mayor
ATTEST:
By: Peggy Cimics
City Secretary
3
CITY OF SAN ANTONIO--CITY OF CIBOLO
EXTRATERRITORIAL JURISDICTION AGREEMENT
This Extraterritorial Jurisdiction Agreement is effective on the date set forth in Article V hereof
(this "Agreement") and is entered into by and between the City of San Antonio, a Texas
municipal corporation ("San Antonio"), acting by and through its City Manager pursuant to
Ordinance No. ' and the City of Cibolo, a Texas municipal corporation ("Cibolo"),
acting by and through its City Manager pursuant to Resolution No. 09-R-14.
WITNESSETH:
WHEREAS, Cibolo has requested that San Antonio release from its extraterritorial jurisdiction
an area of approximately 3,769 acres (5.9 square miles) (the Transferred Property described
below) so that it may incorporate such area into the extraterritorial jurisdiction of Cibolo; and
WHEREAS, incorporation of this area into the extraterritorial jurisdiction of Cibolo would allow
Cibolo to exercise jurisdiction over the Transferred Property; and
WHEREAS, both municipalities are desirous of entering into this Agreement to permit this
arrangement;
THE PARTIES AGREE AS FOLLOWS:
I. General Terms and Conditions
A. San Antonio shall release from its extraterritorial jurisdiction and relinquishes
control over an area containing approximately 3,769 acres of land located along
IH-10 East corridor, and east of the Bexar County boundary line with Guadalupe
County (Cibolo Creek) and more particularly described by metes and bounds and
the map attached hereto as Exhibit A and incorporated herein for all purposes
("Transferred Property"). San Antonio shall take such further and additional
action as Cibolo may reasonably request to evidence the release of the Transferred
Property from its extraterritorial jurisdiction.
B. Cibolo will promptly incorporate the Transferred Property into its extraterritorial
jurisdiction.
C. Upon bringing the Transferred Property into its extraterritorial jurisdiction, Cibolo
agrees that it will do the following:
1. Extend a land use plan to the Transferred Property similar to San
Antonio's IH-10 East Perimeter Plan, a copy of Cibolo's Land Use Plan is
attached hereto as Exhibit B and incorporated herein for all purposes,
allowing for commercial nodes, agriculture, open space, and low density
residential uses;
2. Prohibit new billboards from being erected along IH-10 East on the
Transferred Property except in accordance with the City's Unified
Development Code(the"Cibolo's UDC");
3. Extend Cibolo's Major Thoroughfare Plan (MTP) establishing the same
amount of right-of-way required by San Antonio's MTP for Lower Seguin
Road, which is 86 feet(the only road in the area included in San Antonio's
MTP);
4. Extend Cibolo's subdivision regulations to the Transferred Property in
accordance with the Cibolo UDC;
5. Extend Cibolo's tree ordinance to the Transferred Property, which shall
protect existing significant and heritage trees, in accordance with Cibolo's
UDC;
6. Extend Cibolo's open space/floodplain preservation policy that shall allow
for cluster developments, acquisition of existing properties if necessary,
floodplain buffer dedication and passive recreation uses of floodplains, in
accordance with Cibolo's UDC;
7. Start annexation proceedings as to the portion of the Transferred Property
described on Exhibit C and incorporated herein for all purposes and
prosecute such proceedings diligently to conclusion;
8. Provide services and regulations to the Transferred Property as required by
Chapter 43 of the Texas Local Government Code; and
9. Contribute an amount equal to 50% of sales tax revenue collected in the
Transferred Property to San Antonio beginning upon the effective date of
the first annexation of land within the Transferred Property and continuing
for a period of 15 years.
D. The Transferred Property shall revert back to San Antonio's extraterritorial
jurisdiction automatically, without action by either parry, if Cibolo fails to begin
the annexation proceedings described in I.C.7(a) above by December 31, 2010. In
addition, once Cibolo has begun such annexation proceedings, if it fails to
prosecute such proceedings diligently to a conclusion, the City of San Antonio
has the right to re-enter the Transferred Property, taking it back into San
Antonio's extraterritorial jurisdiction by filing a written declaration of re-entry in
the Official Records of Real Property of Bexar County, Texas. If a court rules
that Cibolo cannot annex the property described in I.C.7(a) above, then the
Transferred Property shall revert back to San Antonio's extraterritorial
jurisdiction automatically, without action by either party.
E. Cibolo shall file for record a copy of this Agreement for each tract of land within
the Transferred Property affected by this Agreement in the Real Property Records
of Guadalupe County, Texas.
II. Severability
A. If for any reason, any one or more paragraphs of this Agreement is held invalid,
such determination shall not affect, impair, or invalidate the remaining paragraphs
of this Agreement but shall be confined in its operation to the specific sections,
sentences, clauses, or parts of this Agreement held invalid, and invalidity of any
section, sentence, clause, or parts shall not affect, impair, or prejudice in any way
the validity of the remainder of this Agreement in any instance.
B. This Agreement and the exhibits to this Agreement supersede any and all other
prior or contemporaneous agreements, oral or written, among the parties with
respect to the matters addressed in this Agreement.
III. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of Texas.
IV. Notices
Any notice, request, demand, report, certificate, or other instrument which may be required or
permitted to be furnished to or served upon the parties shall be deemed sufficiently given or
furnished or served if in writing and deposited in the United States mail, registered or certified,
return receipt required, addressed to such party at the address set forth below or such other
address as may be hereafter designated by either party by written notice to the other party.
IF TO THE CITY OF SAN ANTONIO:
City of San Antonio
Planning and Development Services
Department
Attn: Director
1901 S. Alamo,2nd Floor
San Antonio, Texas 78204
With a copy to:
City of San Antonio Office of the City Clerk
Office of the City Attorney Attn: City Clerk
Attn: City Attorney City Hall, 2nd Floor
City Hall, 3rd Floor P.O. Box 839966
P.O. Box 839966 San Antonio, Texas 78283-3966
San Antonio, Texas 78283-3966
IF TO THE CITY OF CIBOLO:
City of Cibolo
200 South Main Street.
P.O. Box 826
Cibolo, TX 78108
Attn: City Manager
With a copy to:
Attn:
V. Effective Date
This Agreement is effective on the effective date of the later of the Ordinance of the City of San
Antonio and the Resolution of the City of Cibolo authorizing this Agreement, in each case as
indicated by the date following the signature of each City Manager below.
[Remainder of page intentionally left blank]
i
IN WITNESS OF WHICH this Agreement has been executed in triplicate.
CITY OF CIBOL
By.
Title: City Manager
Date: 1;- -3 " ) O
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on 3 r»h.� , 2010, by urr le-r �eurso
City Manager of the City of Cibolo, a Texas municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas �,;►�:% ;,�
1% Nota PEGGY CIMICS
�, +'� My Cou'nn !State of Texas
U i mission
My Commission expires: g-'7-� O .,,,,,,,t,• Expires
Auauat 07,2010
CITY OF S
By: SS Attest: EL
Title: �' C! /'� Title: A26
Date:
STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me on I�- J(I(� aD 1 j) by
TC.
aioaJ Ra1C , City Manager of the City of San Antonio, a Texas municipal
corporation, on behalf of said corporation.
No Public, State of Texas �t�pvPu MARIA I.VILLALOBOS
NOTARY PUBLIC
My Commission expires: 20/W9 STATE OF TEXAS
��oFy My COMM.EXPIRES 01115,2014
Exhibit A
Transfer of ETJ from the City of San Antonio to the City of Cibolo
in Bexar and Guadalupe Counties
Field Notes for a 3,769.85 Acre tracts of land out of the San Antonio Extra Territorial
Jurisdiction(ETJ)in Bexar County and Guadalupe County, Texas. Said 3,769.85 Acres of land
is divided into three areas,Al =292.97, A2= 1,325.42,A3 =2,151.46 and adjacent to the
established City of Cibolo ETJ, Guadalupe County, Texas.
TRACT Al (SA)
BEGINNING: At the intersection of Weir Road and Lower Seguin Road and along the
established Southeastern ETJ boundary for the City of Cibolo, Guadalupe
County, Texas.
THENCE: North 59' 12' 51"East, a distance of 2,515.25 feet to a point on the South
line of the Right of Way of Lower Seguin Road;
North 78° 44' 39"East, a distance of 3,667.49 feet to a point;
South 31° 24' 25"East, a distance of 787.69 feet to a point along the
Eastern side of the established City of Cibolo ETJ;
South 58' 17' 27"West, a distance of 6,573.37 feet to a point;
THENCE: Following along Weir Road, a tangent curve to the left with a radius of
531.07 feet, a tangent length of 127.26 feet, a central angle of 26° 57' 07",
a distance of the chord of which bears North 79° 11' 16" West for a
distance of 247.52 feet and along the arc of said curve for a distance of
249.82 feet to a point;
THENCE: Continuing along Weir Road, South 70" 47' 57" West, a distance of
287.94 feet to a point;
North 85° 30' 08" West, a distance of 366.37 feet to a point;
North 73° 32' 05"West, a distance of 183.55 feet to a point;
North 48° 04' 56"West, a distance of 102.23 feet to a point;
North 27` 42' 38" West, a distance of 100.49 feet to a point;
North 21' 25' 48"East, a distance of 568.12 feet to a point;
North 09° 58' 23"East,a distance of 291.62 feet to a point;
1 06/23/08
North 14° 24' 10"West, a distance of 563.68 feet to a point;
North 29° 57' 50"West, a distance of 224.52 feet to a point;
North 39° 41' 48"West, a distance of 249.90 feet to a point;
South 77° 04' 40"East, a distance of 226.30 feet to a point;
North 76° 52' 00"East, a distance of 310.70 feet to a point;
THENCE: North 60' 13' 42"East, a distance of 245.45 feet to the point of beginning
at the intersection of Weir Road, Lower Seguin Road and along the
established Southeastern ETJ boundary line and containing 292.97 Acres
more or less.
TRACT A2 (SA)
BEGINNING: At a most Westerly corner of said Tract at Weir Road, Cibolo Creek and
the established Southwestern ETJ boundary for the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 58° 15' 25"West, a distance of 3,745.77 feet to a point;
North 33' 51' 48"West, a distance of 80.51 feet to a point;
South 57° 45' 33" West, a distance of 4,385.04 feet to a point;
South 88° 30' 01" West, distance of 404.93 feet to a point;
South 58° 15' 26" West, distance of 1,169.71 feet to a point;
North 31° 53' 59"West, a distance of 1,896.27 feet to a point;
South 58' 15' 26"West, a distance of 427.65 feet to a point;
North 32° 03' 27"West, a distance of 374.13 feet to a point;
South 75° 58' 52" West, a distance of 169.99 feet to a point;
North 32° 57' 19"West, a distance of 303.39 feet to a point;
North 55° 41' 08"East, a distance of 1,339.51 feet to a point;
North 32" 30' 40" West, a distance of 1,026.60 feet to a point;
North 57° 45' 20"East, a distance of 3,918.49 feet to a point;
2 06/23/08
North 30'21' 37" West, a distance of 379.82 feet to a point;
North 58' 27' 48"East, a distance of 1,024.40 feet to a point;
North 38' 25' 28"West, a distance of 271.92 feet to a point;
North 51' 39' 51" West, a distance of 1,410.17 feet to a point;
North 31° 44' 34" West, a distance of 979.69 feet to a point;
South 58° 07' 44"West, a distance of 2,154.47 feet to a point;
North 31° 39' 26" West, a distance of 2,991.51 feet to a point;
North 30° 58' 48" West, a distance of 883.43 feet to a point;
THENCE: Continuing along the North Right-of-Way of IH 10,
North 64' 35' 36"East, a distance of 1,195.14 feet to a point;
THENCE: Along the Southerly established ETJ of the City of Cibolo and continuing
South 30' 49' 15"East,a distance of 735.82 feet to a point;
North 56' 48' 00"East, a distance of 1,903.79 feet to a point;
THENCE: Crossing to the Southern Right-of-Way of IH 10 and continuing
North 32° 17' 07"West, a distance of 787.58 feet to a point;
North 66° 12' 11"East, a distance of 325.00 feet to a point;
North 60' 29' 33"East, a distance of 201.00 feet to a point;
North 66° 11' 32"East, a distance of 1,291.40 feet to a point;
THENCE: Following the meanders the of Cibolo Creek proceeding
South 38° 34' 59" West,a distance of 586.79 feet to a point;
South 01° 12' 24" West,a distance of 212.53 feet to a point;
South 33' 55' 25"East, a distance of 444.75 feet to a point;
South 46' 32' 57"East, a distance of 324.40 feet to a point;
South 35° 03' 44"East, a distance of 408.94 feet to a point;
South 48' 44' 58"East, a distance of 340.79 feet to a point;
South 24° 10' 35"East, a distance of 711.59 feet to a point;
3 06/23/08
South 11'02' 07"East,a distance of 384.69 feet to a point;
South 24' 58' 03"West, a distance of 382.18 feet to a point;
South 43° 32' 39"East, a distance of 360.74 feet to a point;
South 81° 59' 49"East, a distance of 915.41 feet to a point;
North 85' 53' 30"East, a distance of 692.68 feet to a point;
North 65° 49' 57"East, a distance of 627.09 feet to a point;
South 83° 31' 59"East, a distance of 400.02 feet to a point;
South 53° 53' 33"East,a distance of 333.65 feet to a point;
South 22° 01' 36"East, a distance of 343.57 feet to a point;
South 10° 47' 21"West,a distance of 397.79 feet to a point;
South 00° 13' 05"East,a distance of 611.72 feet to a point;
South 32° 44' 19" West, a distance of 295.33 feet to a point;
South 73° 35' 51" West, a distance of 566.93 feet to a point;
South 49° 22' 46" West, a distance of 227.11 feet to a point;
South 07' 46' 17"East,a distance of 265.48 feet to a point;
South 39° 20' 04"East, a distance of 336.63 feet to a point;
South 66° 31' 45"East, a distance of 225.47 feet to a point;
South 21° 22' 45"East,a distance of 223.32 feet to a point;
North 79° 21' 57"East, a distance of 277.64 feet to a point;
North 56° 56' 28" East, a distance of 309.39 feet to a point;
North 72° 50' 45"East, a distance of 372.95 feet to a point;
South 43* 59' 23"East, a distance of 370.21 feet to a point;
South 03' 40' 15"East, a distance of 459.29 feet to a point;
South 01' 23' 33" West,a distance of 319.85 feet to a point;
South 16° 08' 24"East,a distance of 184.92 feet to a point;
4 06/23/08
South 52° 55' 53"East, a distance of 488.92 feet to a point;
South 41° 18' 16"East, a distance of 248.67 feet to a point;
South 77° 24' 34"East, a distance of 752.65 feet to a point;
South 56° 43' 15"East,a distance of 452.93 feet to a point;
South 85' 11' 39"East, a distance of 349.00 feet to a point;
THENCE: To the point of beginning at Weir Road and Cibolo Creek,
South 69' 03' 24"East, a distance of 273.52 feet and containing
1,325.42 Acres more or less.
TRACT A3 (SA)
BEGINNING: At the most Easterly corner of said tract, also being in the Southern
Right-of-Way line of IH 10 East.
THENCE: South 66° 12' 11"West, a distance of 1,300.21 feet to a point;
North 82° 50' 14"West, a distance of 116.63 feet to a point;
South 65' 48' 46" West, a distance of 5,853.85 feet to a point;
THENCE: Crossing 11110 and continuing along the Southeastern line of the
established City of Cibolo ETJ to the North bearing North 32° 15' 37"
West, a distance of 1,422.22 feet to a point;
South 57° 15' 16"West, a distance of 49.60 feet to a point;
North 31° 39' 30"West, a distance of 5,348.30 feet to a point;
North 58° 09' 38"East, a distance of 2,211.61 feet to a point;
North 32° 40' 47"West,a distance of 954.05 feet to a point;
North 57° 05' 06"East, a distance of 1,322.50 feet to a point;
North 32° 08' 41"West, a distance of 233.00 feet to a point;
South 59' 49' 47"West, a distance of 192.82 feet to a point;
North 31° 54' 19"West, a distance of 1,818.15 feet to a point;
5 06/23/08
South 57° 26' 48" West, a distance of 493.54 feet to a point;
North 32° 33' 12"West, a distance of 1,742.15 feet to a point;
Along a tangent curve to the left with a radius of 1,671.32 feet, a tangent
length of 531.86 feet, a central angle of 35° 18' 17",a distance of the
chord of which bears South 46° 22' 44"West for a distance of 1,013.63
feet and along the arc of said curve for a distance of 1,029.84 feet to a
point;
North 33' 52' 04"West, a distance of 456.02 feet to a point;
South 74° 38' 16"West, a distance of 202.43 feet to a point;
North 31° 32' 52"West, a distance of 5,636.12 feet to a point;
THENCE: Continuing along Arizpe Road Southern Right-of-Way North 57' 04' 10"
East, a distance of 1,816.05 feet to a point;
THENCE: Along a tangent curve to the right with a radius of 26,400.00 feet, a
tangent length of 10,140.47 feet,a central angle of 42' 0l' 28",a distance
of the chord of which bears South 43° 19' 59"East for a distance of
19,932.34 feet and along the arc of said curve for a distance of 19,363.47
feet to the point of beginning and containing 2,151.46 Acres more or less.
6 06/23/08
EXHIBIT B
City of Cibolo Future Land Use Plan
See attached
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FUTURE LAND USE
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COMPREHENSIVE PLAN
APRIL 12.2007
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Exhibit C
2010—Complete First Annexation Process of properties from the San Antonio ETJ Transfer by
the close of December 31, 2010 (highlighted tract labeled A-3 below)
2011 —Complete Annexation of all remaining properties from the San Antonio ETJ Transfer by
Close of December 31, 2011 (highlighted tracts labeled A-1 and A-2)
e
A-1 292.97 acres
r.
_ A-2
1,325.26 acres
1
A-3
2,151.53 acres
P