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2003S15-REZONINGORDINANCE NO. (~,,~- ~.~ -/_ff 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 79.77 ACRES OUT OF COMAL COUNTY FROM PREDE~LOPMENT (PD) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5) AND REZONING 5.17 ACRES OUT OF COMAL COUNTY FROM GENERAL BUSINESS (GB) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-S). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS- THAT, UDC Ordinance 96-S-28 of the City of Schertz, Texas is hereby amended in the following manner: SECTION 1 "Rezoning 79.77 acres of land out of Comal County, Texas, being more particularly described in the Field Notes attached and made a part hereof, from Predevelopment (PD) to Garden Home/Single Residential District Zero Lot Line (R-5) and rezoning 5.17 acres of land out of Comal County, Texas, being more particularly described in the Field Notes attached and made a part hereof from General Business (GB) to Garden Home/Single Residential District Zero Lot Line (R-5)." SECTION II THAT, the Zoning District Maps described and referred to in Article III, Sections 5.1, 5.2 and 5.3 of the City of Schertz UDC Ordinance No. 86-S-28 shall be changed to reflect the above amendments. Ma~ 1~ 03 03'O?a LRMD DEV SER ~10-?~4-1359 p.5 EXIBIT "A- 79.77 ACRES PD TO R-5 STA]'E OF TEXAS COUNTY OF COMA l, COUNTY OF GUADALUPE Field notes tbr 79.77 acres of land out of The C.M. Gahagan Jr. Survey Number 258, Abstract Number 142 in Comal County, Texas and Abstract Number 182 in Comal County, Texas. Said 79.77 acre tract being a portion of a called 97.447 acre tract as described in a deed to Eloise Barton Fiser, Trustee under the Will of Melvin L. Fiser, recorded in Volume 263, Page 771 of' the Deed Records of Comal County, Texas and more particularly by metes and bounds as tbllows- COS'LMENCING at a Type I TXDOT Monument found on the south Right-Of-Wav tine of Interstate Highway 35 tbr the northeast comer of the herein described tract and being the southeast comer of a 0.044 acre tract as described in Doc Number 9806026793 of the Comal County Official Public Records. THENCE along the cutoff, South 67° 54' 40" East, a distance of 62.64 feet to a one half inch steel pin set for a comer of this tract and being on the west Right-Of-Way line of Eckhardt Road. " -' THENCE along the west Right-Of-Way linc of Ec 'khardt Road, South 08° 19' 03" East, a distance of 625.62 feet to a one half inch steel pin set for the northeast comer and point of beginning of the herein described 83.74 acre tract. THENCE. continuing along the west Right-Of-Way linc of Eckhardt Road the fbllowino four calls, South 08° 19' 03" East, a distance of 839.70 feet to a one half inch steel pin set tbr a con,er of' this tract; South 09° 22' 38" East, a d/stance of 695.43 feet to a fence comer post for a comer of this tract; South 14° 48' 01" East, a distance of 651.59 feet to a one half inch steel pin set for a comer of this tract and South 25° 05: 37" East, a distance of 1672.62 feel to a t~.nce comer post found for the southeast comer of this tract and being the northwest comer of a called 50.5 acre tract as described in a deed recorded in Volume 342, Page 126 of the Deed Records of Guadalupe County, Texas. THENCE with the south line of this tract, South 59° 18' 5T' YVcst, a distance of 1323.62 feet to a fence comer post found for the southwest comer of this tract, being the northwest corner of said 50.5 acres and being on the east line of a called 54.59 acre tract as described in a deed recorded in Volume 1654, Pace 902 of the Deed Records of Guada~upe CounD,' Texas. THENCE with the west line of this tract; North 08° 19' 00:' West, a distance of 1055.10 feet to a fence comer post and North 08° 03' 40" West, a distance of 1274.88 feet to a one half inc]~ steel pin steel pin set for an interior comer of this tract. THENCE continuing with the west line of this tract, North 85° 00' 00" Wes:, a distance of 13 i.00 feet to a fence comer post for a corner of this tract and North 14° 44' 05" West, a distance of 1294.72 feet to a point being the north west comer of this tra~. Mm~ 16 03 03:0'7a LRI"ID BEV SER 210-"764-1359 IO.4 EXIBIT "B- 5.17 ACRES GB TO R-5 STATE OF TEXAS COUNTY OF CONL&L COUNTY OF GUADALUPE Field notes for 5.17 acres of land out of The C.M. Gahagan Jr. Survey Number 258, Abstract Number 142 in Comal County, Texas and Abstract Number 182 in Comal County, Texas. Said 5.17 acre tract being a portion of a called 97.447 acre tract as described in a deed to Eloise Barton Fiser, Trustee under the Will of Melvin L. Fiser, recorded in Volume 263, Page 771 of the Deed Records of Comal County, Texas and more particularly by metes and bounds as fbllows: COblM-ENCI2~'G at a Type I TXY)OI Monument found on the south ILight-Of-Way line of Interstate Highway 35 for the northeast comer of the herein described tram and being the southeast comer of a 0.044 acre tract as described in Doc Number 9806026793 of the Comal County Official Public Records. THENCE along the cutoff, South 67° 54' 40" East, a distance of 62.64 feet to a one half inch steel pin set for a comer of this tract and being on the xvest Right-Of-Way line of Ec 'khardt Road. THENCE along the west Right-Of-Way line of Eckhardt Road, South 08° 19' 03" East, a distance of 625.62 feet to a one halfinch steel pin set for a comer THENCE South 44° 59' 07" West, a distance of 372.74 feet to the BEGINNING of the herein described tract. THENCE South 49° 03' 15" West, a distance of 739.57 feet to a comer of this tract; North 14° 44' 08" West, a distance of 428.27 feet a comer of this tract; North 54° 20' 40" East, a distance of 500.14 feet to a comer of this tract and North 49* 45' 22" East, a distance of 342.16 feet to the Beginning. /¢ / ,/ / /. i' · .7' £-d 6c;£I-,1:,9L-0!8 ~':IS 4':lQ QNI::I-'I eLO-i~O I~0 9! riel4 6S~I-~,9/.-0I~ EJ~S /~3Q OW~-I e£o'~o ~0 9I Rew n t THE STATE OF TEXAS, County of Guadalupe ,.. PUBLISHER'S AI~FII~AVIT Before me, the undersigned authority, on this date personally appeared - ~.~r,,,,,~ c..-~ , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette- Enterprise, a newspaper of general circulation, published in said county; that a copy of the within and foregoing notice was published in said newspaper ,/ trine(s) before the return day named therein, such publications being on bhe following dat~: . and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this _.~~--~ay of CAROLANN AVERY Notary ~ Stat~ ~ Texas Commts~m Expirel ~-31-2~4 PREDEVELOPIIENT '(~);:,..!TO! 'MAL ~:C~ FROM (e.~. '-TO ~,- , A.D., 2003. Notary Public, Guadalupe County, Texas THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT. Before me, the undersigned authority, on this date personally appeared ..... ~1 f. ke .. Edd 1 ema n . , known '~o me, who, being by me duly sw(~rn, on his oath deposes and says that he is the Managing Editor of The Seguin Gaz~_~te- Enterprise, a newspaper published in said county; that a copy of the wi~in and foregoing notice was published in said newspaper . /.. time(s) before l~e return day named therein, such publications being on [he following dates' and a newspaper copy of which is hereto attached. Swem~~subscribed before me this ./"~y of ~...~/-'~]Z/~~ , A.D., 2003. PASSED, APPROVED AND ADOPTED THE aRD day ~ JUNE sm~a=~ : Notary Public, Guadalupe County, Texas