RES 1367 06/10/2008 (iy OF C/& <
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RESOLUTION NO. 1367
A RESOLUTION REJECTING VERBAL PETITIONS TO BE INCLUDED IN A
MUNICIPAL ANNEXATION PLAN MADE BY CERTAIN RESIDENTS OF
"TRACT A" GENERALLY LOCATED ALONG GREEN VALLEY ROAD, EAST
OF SCHERTZ CITY LIMITS CONTAINING 65 ACRES CURRENTLY BEING
CONSIDERED FOR ANNEXATION BY THE CITY OF CIBOLO
WHEREAS, the power to annex is a legislative prerogative; and
WHEREAS, On March 25, 2008, the City Council of the City of Cibolo at a regularly
scheduled meeting considered various locations within its Extra Territorial
Jurisdiction which it desired to annex; and
WHEREAS, City Staff and the City Engineer, using generally accepted municipal
planning principles and practices, determined that the area referred to on
the annexation map as "Tract A" contained 65.00 acres and fewer than
100 separate tracts of land on which one or more residential dwellings are
located on each tract was exempt from inclusion in a Municipal
Annexation Plan pursuant Texas Local Government Code 43.052(h)(1);
and
WHEREAS, the property within "Tract A" is completely surrounded by the corporate
City limits except for its western border which is adjacent to corporate
limits of the City of Schertz and the metes and bounds of said property are
attached in Exhibit A; and
WHEREAS, pursuant to Texas Local Government Code Section 43.062(b)(1) the City
Secretary mailed notices to all affected property owners, as indicated by
the appraisal records, on April 11, 2008; and
WHEREAS, the City published notice in the newspaper of general circulation and
posted notice on the City's website of public hearings on May 16, 2008,
pursuant to Texas Local Government Code Sections 43.062 and 43.063;
and
WHEREAS, the City has not circumvented the requirements of Texas Local
Government Code Sections 42.052(a)-(g), and the area known as "Tract
A" being considered for annexation is exempt from a Municipal
Annexation Plan under Texas Local Government Code
Section 43.052(h)(1); and
WHEREAS, at the public hearings on the proposed annexation held on May 27, 2008
and May 29, 2008 regarding the annexation of Tract A, Mrs. Audra Mead
of 2084 Persimmon Drive, Cibolo Texas 78108, and Mr. Dean Danos of
108 Agarita Circle, Cibolo Texas 78108 verbally requested that the City
Council consider placing the area known as "Tract A" in a Municipal
Annexation Plan; and
WHEREAS, no written petitions have been received by the City, and the City believes
that said verbal requests by the two property owners in "Tract A" do not
meet statutory requirements; and
WHEREAS, the City believes that the property owners in "Tract A" are not entitled to
be placed on a Municipal Annexation Plan because this area is exempt
under 43.052(h)(1) of the Texas Local Government Code; and
WHEREAS, based on the aforementioned legislative findings, the City Council hereby
states that any petitions by the residents of"Tract A" to be included in a
Municipal Annexation Plan should be denied.
NOW, THEREFORE
BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
The verbal petitions to be included on a Municipal Annexation Plan received during the public
hearings of May 27, 2008 and May 29, 2008 from Mrs. Audra Mead of 2084 Persimmon
Drive, Cibolo Texas 78108, and Mr. Dean Danos of 108 Agarita Circle, Cibolo Texas
78108 respectively, are hereby denied.
APPROVED AND ADOPTED on this the /D day of ,2008.
ennife artman, Mayor
Attest:
Peggy Cimics, City Secretary
EXHIBIT A
LEGAL DESCRIPTION FOR TRACT A
Tract A
BEGINNING: Along the Northwest Right-of-Way of Green Valley Road at a point adjacent to the City
Limit line of the City of Cibolo, Guadalupe County, Texas.
THENCE: NORTH 570 28' 39"EAST,a distance of 260.42 to a point;
SOUTH 290 48'45"EAST,a distance of 507.57 to a point;
SOUTH 580 51'41" WEST, a distance of 209.01 to apoint;
SOUTH 310 38'22"EAST, a distance of 912.92 to a point;
SOUTH 560 24' 36"WEST,a distance of 226.72 to a point;
NORTH 320 34' 18"WEST,a distance of 857.61 to a point;
SOUTH 58°22'45" WEST,a distance of 243.63 to a point;
SOUTH 310 59'21"EAST, a distance of 864.02 to a point;
SOUTH 560 40' 09"WEST, a distance of 224.36 to a point;
SOUTH 330 25' 19"EAST, a distance of 699.02 to a point;
SOUTH 580 12' 58"WEST,a distance of 729.32 to a point;
NORTH 320 16' 52"WEST,a distance of 794.21 to a point;
NORTH 570 43' 35"EAST, a distance of 90.27 to a point;
Along a tangent curve to the left with a radius of 49.47 feet,a tangent length of 53.06
feet,a central angle of 94' 01' 06",a distance of the chord of which bears South 67°40'
25"East for a distance of 72.36 feet and along the arc of said curve for a distance of
81.17 feet to a point;
THENCE: SOUTH 290 09' 54"EAST, a distance of 106.33 to a point;
NORTH 600 02'21"EAST, a distance of 439.91 to a point;
SOUTH 36°53' 28"EAST,a distance of 375.07 to a point;
NORTH 600 02' 30"EAST, a distance of 556.71 to a point;
NORTH 460 53' 10"EAST,a distance of 193.48 to a point;
NORTH 470 59'42"EAST,a distance of 60.60 to a point;
THENCE: South 31' 09' 59"East, a distance of 141.29 feet,to the point of beginning and
containing 65.00 Acres more or less.