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2004S18-REZONINGORDINANCE NO. t~7~- '-~ - /'~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING 39.737 ACRES OUT GUADALUPE COUNTY FROM PREDEVELOPMENT (PD) TO RESIDENTIAL/AGRICULTURAL (RA). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended in the following manner. SECTION 1 "Rezonmg 39.737 acres of land out of Guadalupe County, Texas, being more particularly described in the Field Notes attached and made a part here of from Predevelopment (PD) to Residential/Agricultural (RA)'. SECTION 2 THAT, The Zoning District Maps described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. Approved on first reading the day of ~~'~6~ ' 2004. PASSED, APPROVED AND ADOPTED this the ~ day oft. ~(~_.z,d.~_ _ _~,, 2004. Mayor, City of Schertz, Texas ATTEST: (SEAL OF CITY) TRACT 3 BEING a 5.003 acre tract of land'out of the A.S. Lewis Survey .No. 78, Abstract No. 216, Guadalupe County, Texas, and being out of a tract called 61.0640 acres (herein after called the parent tract) recorded in Volume 1256, Page 860, official Records, Guadalupe County, Texas; Said 5.003 acre · tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found for the east corner of' this tract, said iron rod being the most south southeast corner of a 9.800 acre tract (Tracts 2 & 10) surveyed this day and being in the northwest boundary line of the Age Industries, Inc. 15.00 acre tract recorded in Volume 770, Page 634, Official Records, Guadalupe County, Texas, said iron rod being located N"30'39'53- E, a distance of 1499.92 feet from the south corner of said parent tract; T]IENCE, ~'long th.e common line of this tract and said 15.00 .acre tract, S 30 39'53- W (basis of bearings), a distance of 5'83.95 feet (called S 30'39'53- W) to a 1/2" ~ron rod found for the South corner of this tract and the east corner of a 6.005 acre tract (Tract 4) suz-veyed this day; THENCE, departing said northwest boundary line of said 15.00 acre tract, along the common line of this tract and said 6.005 acre tract, N 22'09'30" W, a distance of 718.55 feet to a-1/2" iron rod found for the west corner of this tract, the north corner of said 6.005 acre tract and being in the southeast boundary 'line of a 5.669 acre tract (Tract 6) surveyed this day; TllENCE, along a common line of this tract and said 5.669 acre tract, N 36'20'05" E, a distance Of 125 69 feet to 1/2" -~, -~ ~ _ _ ' TIIENCE, continuing along a bommon line of this tract and said 5.669.acre tract, N 21'46'02,, E, a distance of 67.14 feet to a 1/2" iron rod set-for the nOrth corner of this - tract, the east corner of said 5.669 acre tract and being in the south boundary line of sa~d 9.800 acre tract; 5.003 ACRES THENCE, along 'the co,.on line of this tract and. said 9.800 ~ur~ tract, th~ following thirte~ {13) calls: 1.. ~ 40'13,04,, E, a distance of §3.8~ feet to a 1/2" iron rod set ; · 2. S 38'24~21,, E, a distance of 40.49 ~feet to a 1/2"-i~on rod foUnd; 3. S 43' 36'38,, E, a distance of 45.57 feet to a 1/2" iron rod found; 4.. S 59'05'18,, E, a distance of 81.~9 feet to a 1/2" iron rod set; 5. S 74'.17'05,, E, a distance of 42.16 feet to a 1/2" Iron rod set; 6. S 70'49'05,, E, .a distance o£ 41.48 feet to a 1/2" iron rod set; , 7. S 63 '04'58"'E, a distance of 106.10 feet to a 1/2" iron rod found; · 8. S 62'16'14,, E, a distance of 34.60 feet to a 1/2" from rod found; ... 9. s 53'19'01,, E, a distance of 21 77 feet to a 1/2" iron rod found; '~ ' 10. S 73'21'01,, E, a distance of 26.25 feet to a 1/2" iron rod found; ~ 11. s 63'05,39- E, a distance of 50.23 feet to a 1/2: iron rod found; 12. S 25"48'22- E, a distance of 37.03 feet to a 1/2" iron rod found; 13. s 1'29'48,, W, a distance of 13.29 feet to the POINT-of- BEGINNING and containing 5 '003 acres of land, more or less. This legal description was based on an on-the-ground sur~ey performed 9-30-97. NOTE: This tract may or may not conform to the current Subdivision Rules and Regulations of the various government entities. Registered Professional Land Surveyor # 5215 Job # 97-0828B FIELD NOTES FOR...A 6.005 ACRE TRACT OF LAND TRACT 4 .. BEING a 6.005 acre tra~t of l~nd out of the A.S. Lewis Survey No. ?8, Abstract No. 216, Guadalupe County, Texas, and being out of a tract called 61.0640 acres (herein after called the parent tract) recorded in Volume 1256, Page 860, official Records, Guadalupe County, Texas; Sa~d 6. 005 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" ~ren rod found for the east corner of this tract, the south corner of a 5.003 acre tract (Tract 3) surveyed th~s day. and being Jn the northwest boundary l~ne of the Age IndustrJes, Inc. 15.00 acre tract rec.orded in Volume 770, Page 634, Official Records, Guadalupe County, Texas, said iron rod being located H 30' 39'53" E, a distance of 915.97 feet from the '~outh corner of said parent tract; THENCE, along the com~on l~ne of this tract and said 15.00 acre tra6t, S 30'39'53,, W (basis of bearings), a distance of 556.40 feet (called S 30'39'53- W) to a 1/2" ~ron rod found for the south corner of this tract and the east corner of a 8.012 acre tract (Tract 5) surveyed this day; .77tENCE, departing said northwest boundary line of said 15.00 acre tract, N 10'39'24" W, a distance of 912.95 feet to a 1/2" iron rod set for the west corner of this tract, the north corner of said 8.012 acre tract and being in the southeast boundary line of a 5.669 acre tract (Tract 6) surveyed this day; TIIENCE, along the common line of this tract and said 5 '669 acre tract, N 36'20'05,, E, a d~stance of 306.46 feet to a 1/2" ~ron rod found for the north corner of this tract and the west corner of sa~d 5.003 acre tract; . TllEN~E, along the common l~ne of this tract and said 5 003 - · acre tract, S 22'09'30" E, a distance of 718.55 feet to the POINT-of-BEGINNiNG and containing 6 005 acres of land, more or less. ' . - This ]oega! description was based on an on-the-ground survey per for~ed 9-30-97, 6.005 ACRES NOTE: This tract may or may not conform to the current Subdivision Rules and 'Regulations of the various government en~i~ies. · .. onal~ Registered Professional Land Surveyor 5215 Job I 97-0~2~C FIELD NOTES FOR A 8.012 ACRE TRACT OF LAND T~ACT 5 BEING a 8.012. acre tract of land out of the A.S. Lewis - Survey No. 78, Abstract No. 2!6, Guada!upe County, Texas, and being out of a tra~t ~alled 61.0640 acres (herein after called the parent tra~t) recorded in Volume 1256, Page Offieia! Records, Guadalupe County, Texas; Said 8.012 tract of land being ~or~ particularly described by metes and bounds as fol!ows: BEGINNING at a 1/2" iron rod found for the south corner of this tract, the southwest corner of the Age Industries, Inc. 15.00 acre tract recorded in Volume 770, Page 6-34, Official Records, Guadalupe County, Texas, the southeast corner of the Bl igh 32.881 acre tract recorded in Volume 876, Page 437, Offici8! ~ecords, Guadalupe County, Texas and being in the north right-of-way line of the Southern Pacific ~ailroad, said iron rod being the south corner of said parent tract; THENCE, along the common line of this tract, said 32.881 acre tract and a portion of the Gutierrez 61.222 acre tract recorded in Volume 653, Page 801, Oeed ReEords, Guadalupe County, Texas, N 30'49'38-~, a-distanc~ of 762.93 feet (called N 30'48'52" W) to 'a. 1/2" iron rod found for the west corner of this tract and the south corner of a. 5.669 acre tract (Tract 6) surveyed this day; THENCE, departing the northeast boundary line of said 61.222 acre tract, a'long the common line of this tract and said 5. 669 acre tract, N 36' 20'05,, E, a distance of 684.43 f~et to a ]/2" iron rod set for the north corner of this tract and the west corner of a 6.005 acre tract (Tract 4) surveyed this day; TIIENCE, departing the southeast boundary l~ne of said 5.669 acre-tract, along the common line of this tract and said 6.005 acre tract, S 10'39'-24- E., a d~stance of 912.95 feet to a ]/2" iron rod found for the east corner of this tract, the south corner of said 6.005 acre tract and being in the northwest boundary line of 'the aforementioned 15 00 acre tract: · TIIENCE, a!ong the common line of this tract and said !5.00 acre tract, S 30'39'53,, W (basis of bearings), a distance of 359.57 feet (cai/ed S 30'39'53" W) to the POINT-of-BEGINNING and containing 8.012 acres of land, more or less. Exi~il~i t "A" 8.012 ACRES performedThis legalg_30_97.descriptlon was 'based on an on-the-ground survey NOTE: This tract may or ..may not conform to the current Subdivision Rules and Regulations of the various government entities. Registered Professional Land Surveyor # 5215 Job f 97-0828D FIELD NOTES FOR mA 5.669 ACRE TRACT OF I2dqD · TRACT 6 BEING a 5.669 acre tract of land out of the A.S. Lewis Survey No. 78, Abstract No. 216, Guadalupe County, Texas, .and being out of a tract called 61.0640 acres (herein after~ called the parent tract) recorded in Volume 1256, Page 860, official Records, Guadalupe Count~, Texas.; Said 5.669 acre tract of 'land being more particularly described by metes and bounds as follows: BEGINNING at a '1/2" iro~ rod found for the south corner of th~s tract, the west corner of a 8.012 acre tract (Tract 5) surveyed this day and being Jn the-northeast boundary line of the Gutierrez 61.222 acre tract recorded in Volume 653, Page 801, Deed Records: Guadalupe Count~, Texas, said iron rod being located N 30 49'38" W, 762.93 feet from the south corner of said parent tr.~ct; TIIENCE, a..long the common line of this tract 'and said 61.222 acre tract, N 30'49'38,, W, a distance of 349.03 feet (called N 30'48'52- W) to a 1/2" ~ron rod found for the west corner of this tract and the south corner of a 5.012 acre tract (Tract 7) surveyed this day; THENCE, departing said northeast boundary line of said 61.222 acrs tract, along the common line of this tract and said 5.012 acre tract, N 47'50'19,, E, a distance of 1080.80 feet to a 1/2" Iron rod set for the north corner of this tract, the east cornsr of said 5.012 acre tract and being in the south boundary line of a 9.800 acre tract (Tracts 2 .& 10) surveyed this day; TIIENCE, along a common l~ne of this tract 'and said 9. 800 acre tract S 44'37'22,, E, a distance of 50.96 feet to a 1/2" ~ron rod set for angle; . - TIIENCE, continuing along a common line of th~s tract and sa~d 9.800 acre tract, S 4~'22'23,, E, a distance of 39.22 feet to a 1/2" iron rod set for the east corner of this tract and the north corner o'f a 5.003 acre tract (Tract 3) surveyed this day; TIIENCE, departing the south boundary line of said 9.800 acre tra. ct, alon~ a common line of this tract and said 5.003 acre tract, S 21 46'02" .E, a distance of 67.14 feet to a 1/2" iron rod set for ang!e; THENCE, co~t~]u~g a~o~g a commo~ li~e of th~s tract, sa~d 5.00] acre tract, a 6.005 acre tract (Tract 4) surveyed th~s da~ and a 8.012 acre tract (Tract 5) surveyed this day, S 36 20'05" W, u distance o'f 1116.58 feet to the POINT-of- BEGINNING and containing 5.669 acres of land, more or less. Bas~s of bearings obtained from the southeast l~ne of said parent tract having a bearing of S 30'39,53" 'W. This legal descr~ption was based on an on-the-ground survey performed 9-30-97. NOTE: This tract may or may not conform to the current Subdivision Rules and Regulations of the various government entities. Dona,la Duane Hyatt '',~"' Registered Professional Land Surveyor $ ~215 Job ; 97-0828E FIELD NOTES FOR A 5.012 ACRE TRACT OF [~D TI{ACT V BEING a .5.012 acre tract of land out of the A.S. Lewis Survey No. 78, Abstract No. 216, Guadalupe County, Texas, and bein~ out of a tract called 61.0640 acres (herein after called the parent tract) recorded' in Volume 1256, page 860, Official Records, Guadalupe County, Texas~ Said 5.012 ~cre tract of land being more Particularly. described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found for the south corner of this tract, the west corner of a §.669 acre tract (Tract 6) surveyed this day and being in the northeast boundary line of the Gutierrez '61.222 acre tract recorded in Volume 653, Page 801, Deed Records[ Guadalupe County, Texas, said iron rod being located N 30 491'38', W, 1111.96 feet from the south corner of said parent tract; THENCE, along the common line of this tract and said 61.222 acre tract, N 30'49'38- W, a distance of 339.54 feet (called -N 30'48'52" W) to a 1/2" ~ron rod found for the west corner of this tract and the south corner of a 5.010 acre tract (Tract 8) surveyed this day; THENCE, departing said northeast boundary line of said 61.222 acre tract, along the common l~ne of this tract and said 5.010 acre t'ract, N 61'58'55,, E, a distance of 1023.45 feet to a 1/2" iron rod found for the north corner of this tract, the east corner of said 5.010 acre tract and being in the south boundary line of a 9.800 acre tract (Tracts 2'& 10) surveyed this day; THENCE, along a common line of this tract and said 9.800 acre tract, S 56'46'36,, E, a distance of 37.35 feet ~'to a 1/2" iron rod set for angle; . THENCE, continuing along a-common line of this tract and said 9.800 acre tract, S 56'49'01,, E, a distance of 48.27 feet to a 1/2" iron rod set for the east corner of this tract and the north corner bfa 5.669 acre tract (Tract 6) surveyed this day; T}{ENCE, a long the common line of th{s tract and said 5. 669 acre tract, S 47'50'19,, W, a distance of 1080.80 feet to'the POINT-of-BEGINNiNG and containing 5 012 acres of land, more or less. ' E:<hibi. t "A" .0 §.012 ACREH S~sis of bearings obtained" from the southeast line of said parent tract having a bearing of S 30'39'53- w. ?ht~ lega1 description was.-based on an on-the-ground survey performed 9-30-97. NOTE: This tract may or may not conform to the current Subdivision Rules and Regulations of the various government entities. /~,;.' (> ' 4.-' '. T /~.'...~ ~_ e-~...~'~\. RegiStered Professional Land SUrveyor . ' I£'~:-~ ]~ "<..-'.:,~,%\ ~ ;'".:o .7- :' .~..k~ ~:: ,;.-.. r, ,,. ,,. ,..,..........<.~ . EXHIBIT "A'* FIELD NOTES FOR A 5. 010 ACRE TRACT OF LAND TRACT 8 BEING a 5.010 acre tract of land out of the A.S. Lewis Su~--vey No. 78, Abstract No. 216, Guadalupe County, Texas, and being out of a tract called 61.0640 acres (herein after called the parent tract) recorded in Volume 1256, Page 860, Official Records, Guadalupe County, Texas~ Sa~d 5.010 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found for the northwest corner of this tract, the southwest corner of a 5.025 acre tract (Tract 9).surveyed this day and being in the northeast boundary line of the Gutierrez 61.222 acre tract of' land recorded in Volume 653., Page 801, Deed Records., Guadalupe County, Texas, said iron rod being located.s 30-'49,38~ E, 418.44 feet from the most westerly corner of said parent tract~ THENCE, along the 'co~on line of th/s tract and said 5.025 acre tract, N 77' 24 · 29~ E, a distance of 690.40 feet to a 1/2~ iron rod found for the southeast corner of said 5.025 acre tract and the southwest corner of a 9.800 acre tract (Tracts 2 & 10) surveyed th~s day~ THENCE, along the common line of this tract and said 9'800 acre tract the following ten (10) calls~ 1. N 16°22'03~ E, a distance of 72.66 feet to a 1/2~. iron rod found ~ 2. .N 78 °15,52".E, a distance of 24.00 feet to a 1/2- iron rod found ~ 3. N 41'42'4~- E, a distance of 28.72 feet to a 1/2= iron rod found; 4. S 72'32'24" E, a distance of 77.08 feet to a 1/2- iron rod found; 5. S 38'44'53- E, a distance of 53.32 feet to a 1/2" iron rod found ~ 6. N 70'56'05" E, a distance of 54.11 feet to a 1/2- ~ron rod found; 7. N 80'49'59- E, a distance of 34.07 feet to a 1/2" iron rod found; 8. S 86'57,51~ E, a distance of 46.55 feet to a 1/2" iron rod found; 9. N 85'48'41- E, a distance of 62.66 feet to a 1/2" iron rod found; PAGE 1 OF 2 5. 010 ACRES 10. S 58'51'22" E, a distance of 53.59 feet to a 1/2" iron rod found for the east corner of this tract and the northeast corner of a 5.012 acre tract (Tract 7) surveyed this day ~ THENCE, departing the south boundary line of said 9.800 acre tract, along the common line of this tract and said 5.012 acre tract, S 61'58'55- W, a distance of 1023.45 feet to a 1/2" iron rod found for the southwest corner of this tract, ..the northwest corner of said 5.012 acre tract and being in the northeast boundary line of the aforementioned 61.222 acre tract ~ THENCE, along the common line of th~s tract and said 61.222 acre tract N 30'49'38" W, a distance of 351.03 feet (called N 30'48'52- W) to the POINT-of-BEGINNING and containing 5.010 acres of land, more or less. Basis of bearings obtained from the southeast, line of said parent' tract having a bearing of S 30' 39' 53" W. This. legal description was based on an on-the-ground survey performed 9-3.0-97. NOTE: This tract may or may not conform to the current Subdivision Rules and Regulations of the various government entities. Donald Duane Hyatt ' ' - Registered Professional Land Surveyor $ 5215 Job # 97-082SG PAGE 2 OF 2 EXHIBIT A OUT AC~ OF ~E A. S. ~WlS S~VEY NO. ~CO~~ ~ VOL~ 191 ON PAGE 34~ OF T~ DE~ ~CO~S OF GU~~UPE CO~Y, ~~, BEING MO~ P~~C~~Y DESC~BED AS FOLLOWS: BEGINNING at the northwest corner of'this tract, tl~e southwest corner of an 11.04 ac, re tract recorded in Volume 957 on page 887 of the Deed records of'Guadalupe County, Texas, a Found .t4 rebar on the west line ofthe 124.53 acre tract and approximately 754 feet south ofthe northwest corn~' of'the 124.53 acre tract which is on the south right of'way line of BOKOFELD ROAD; .. TEIENCE S89'41 '09"E 807.33 feet, with the aouth line of dm 11.04 acre tract nmi with a wire. fence, to the northeast comer of this tract, the southeast cornet of the I 1.04 acre tm~t, 2;.0 feet mt ot'& found//4 rebar; THENCE $15'37'40"B 144.00 feet, with a wire fence, to a found//4 rebar, an anltle point on the east line of' this tract; THENCE S31°18'32"E 79.92 feet, with a wire fence, to a found ~4 rebar, tim southeast corner of this tract; .. THEN~ S77°34*42"W 690.27 feet to a found 34 rebar on the on rite west line ofthe 124.53 acre Lract, the soother co~ of this tract; THENCE N30"4 I'00'W 418.44 feet, with the west line of' the 124.53 acre tract, to the POINT OF BEGEN~ENG, contninin8 5.026 acres of'land. FILED FOR RECORD OI NOV 19 PH L.[~.?.i£ H L~RENZ ItUNT~£K~ , r~r: .$ I'A! E L*F 'r~XA~ ,,,,I-,/,O~Lu~.-~ .e;er.,n L',y ,~'a a~:(t vta~ rj,..:ig ro¢:,..lr~lild Jn I-l~ ., Gtlaaah,ipc Cr, unly Texas EXHIBIT A 0 0 0 ~ 0 0 ~. 0 0 0 0 · · THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT Before me, the undersigned auth~rib/, on this date personally appeared _Tomm.',¢ C.-"o,./ _, known to me, who, being by me duly sworn, cn his oath deposes and says that he is the Publisher of The Seguin Gaze~e-Enterprise, a newspaper published in said court,t; that a copy of the within and fore~cing notica was published in'said newspaper_/ _ time(s) before the return day named ~erein, such · publicati(:]ns being on the foilowin~ dates: . and a newspaper copy of which is hereto a~ched. ,DENT Sw~~d subscribed before me this ~ay of /--~~/~ _. A.D., 2004. CAROL ANN AVERY Notary Pul~c Stall of Texa~ My Comm~m ~r. 08-31-2~ Notary Public, Guadalupe County, Texas :i'H E STATE OF TEXAS, County of Gusdalupe Befc3re me, the undersigned authori['y, art this date personally appeared ~omr, y c.-'o..~ kncwn to me, who, being by me duly ,,, m ! his oath deposes and says Lhat he is the Publisher ef The Seguin newspaper published in s~id count'/;, [hst a c~py of the Within srtd for~ci.ng r, otic.~ ,,v~s 3ublished [n's~id newspaper ~ t~me(s) befcre the return day named therein, 'such public~Ucns being on the following dates: and a newspaper c~py of which is hereto a~ched. OF THE CITY OF SCHERTZ, TEXAS "RED D~~OPME~ CODE (UDC) -,.ORDI- NANCE. 'No;~' 96-s-2e BY REZ~I~,~ 39.737 ACRES OUT OF~GUA- DALUPE.., COUNTY FROM' PREDEVELOP- MENT (PD) RESIDEN- TIAL/AGRICULTURAL (RA) · i . PASSED, APPROVED .... .Al,ID N3OPTED the 1st Swam ta ~d subscn'bed before me this, ~'~/ i day of A.D., 2004. ... Notary Public, Guadalupe County, Texas