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2003R12- PREPARATION OF THE SERVICE AND ASSESSMENT PLAN RESOLUTION NO. d13 - t-l2... A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CREATION OF THE SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT; INSTRUCTING PUBLICATION OF THIS AUTHORIZATION; AND ASSIGNING RESPONSIBILITY FOR THE PREPARATION OF THE SERVICE AND ASSESSMENT PLAN WHEREAS, owners of the property described in attached Exhibit A, except as noted in such Exhibit A (the "Property Owners"), have submitted a petition (the "Petition") to the City Secretary of the City of Schertz that complies with the requirements of Section 372.005 of the Public Improvement District Assessment Act (the "Act") and that requests the creation of a public improvement district, which shall be designated the Schertz 1-35/3009 Public Improvement District (the "District"); and WHEREAS, the City Council has conducted a public hearing with regard to the advisability of the creation of the District and has found it advisable to create such District pursuant to Section 372.006 ofthe Act; and WHEREAS the City has found that all prerequisites to the creation of the District have been fulfilled; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. The Schertz 1-35/3009 Public Improvement District is hereby authorized to be and is hereby created as a public improvement district under Chapter 372 ofthe Act in accordance with the City Council's findings of advisability with regard to the creation of the Schertz 1-35/3009 Public Improvement District made in a Resolution of this date. 2. The City Secretary is hereby directed to give notice of this authorization for the creation of the Schertz 1-35/3009 Public Improvement District by publishing this Resolution in a local newspaper of general circulation in the City of Schertz. 3. Such authorization shall take affect and the Schertz 1-35/3009 Public Improvement District shall be deemed to be established effective upon the publication of such notice. 4. The advisory board of the Schertz 1-35/3009 Public Improvement District shall cause the preparation of a service and assessment plan as required by Section 372.013 of the Act. 5. This Resolution shall take effect and be in full force immediately upon its adoption. ~ 20045404.2 .--...... .....-.---.---.--r.--.-----.-.. PASSED, APPROVED, and ADOPTED this .J.M da Mayor, City of Schertz, Texas ATTEST: ~ Cra~~hertz. Texas (City Seal) 20045404.2 S-l ---.-----...--------.-..-..-... ..--.----.----..---T.-------.--.................-----.---....-.-.-------....-------.----------------.. PETITION FOR TIlE CREATION OF THE SCHERTZ PUBLIC IMPROVEMENT DISTRICT The undersigned parties (the "Parties'') hereby petition the City Council of the City of Schertz, Texas (the "City") to establish a public improvement district (the "District") pursuant to all applicable law, including the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "Act"), as follows: 1. Required Petitioners. The Parties are (1) owners of taxable real property representing more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment in the proposed District as determined by the current roll of the Guadalupe County Appraisal District and (2) record owners of real property liable for assessment in the proposed District who (a) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment in the proposed District or (b) own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment in the proposed District. 2. Exhibit A. Boundaries of District. The boundaries of the proposed District are shown on 3. Nature of Improvements. The general nature of the proposed improvements in the District includes landscaping; erection of distinctive lighting and signs; acquiring, constructing, improving, widening, narrowing, closing or rerouting of sidewalks or of streets, any other roadways, or other rights-of-way in the District; acquisition, construction, or improvement of off-street parking facilities; any other improvement or administrative costs authorized by the Act; and the payment of any expenses incurred in the establishment, administration, and operation of the District. The proposed capital improvements, services, administrative costs, and expenses provided by the District shall be in addition to the current and anticipated capital improvements and services provided by the City in the area of the proposed District. The proposed project for the District is described on Exhibit B. 4. Cost of Improvements. The estimated cost of the improvements for the project is $717,550.00. 5. Method of Assessment. The proposed method of assessment shall be equally per square foot in accordance with Section 372.015 ofthe Act (Exhibit C). 6. Apportionment of Costs. The City shall pay twenty-five percent (25%) of the cost of the improvements described in paragraph 4 above, to the extent the total project costs do not exceed $717,550, and 100% of any project costs in excess of $717,550.00. Otherwise, all costs of the District's activities will be paid by and apportioned to the District and not to the City as a whole, in which case, the City's property, if any, included in the District shall be subject to assessment on the same basis as all other property in the District. It is not intended that the City reduce its current and anticipated level of capital improvements and services provided for the entities and property in the District. 7. Management of District. The District will be managed by the City. 20043702.5 - 1 - .__._~_."-~-~-~--_._--~.._----_..~-----~---~-------"..",_.."--'._,---".~.- . 8. Requested Action. The undersigned parties hereby request that the City establish the District. 9. Advisory Body. An advisory committee shall be established to develop and recommend an improvement plan to the City. The composition of the advisory committee shall be determined in accordance with Section 372.008 of the Act. 10. Debt. The City is requested to issue debt for the benefit of the District, and the District intends to fund its share of the cost of the proposed improvements on an annual basis pursuant to a budget adopted by the District and approved by the City. Such debt is anticipated . to have a term o.f not more than three (3) years. Upon payment in full of such debt, the assessments shall cease. 11. Multiple Counterparts. The petition may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. (The remainder of this page intentionally left blank) 20043702.5 -2- 12. Filing with City Secretary. Upon execution, this petition shall be filed of record with the City Secretary. BY: Evelyn Kramme Ripps By: Name: Date of Signature 12311 Somerset Rd #1 Von Ormy, Texas 78073 200299-0000-00800-0-00 Guadalupe County Appraisal District Account Number BY: HEB Grocery Co., L.P., a Texas limited partnership 2./2- 1 I 03 Date of Signature 646 South Main Street San Antonio, Texas 78204 1 G 1355-0001-00500-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-l -_._~-'~._'-~-~-"'"--_.__._'-'--r--- 20043702.5 BY: Corridor Properties Ltd. By: Barshop & Oles Properties, Ltd., its General Partner By: Barshop & Oles Company, Inc., its GeneralVC2 . Irt.-. By: ~ I Vft.-- Lewis F. Westerman, Executive Vice President '7,,;1 " ~'f)) Date of Signature 900 180m Road, Suite 300 San Antonio, Texas 78216 200299-0000-00600-0-00 & 200153-0000-09860-0-00 Guadalupe County Appraisal District Account Numbers BY: State Bank: & Trust of Seguin By: Name: Joe H. Bruns Title: President Date of Signature 4917 FM 3009 Schertz, Texas 78154 1 G2945-200 1-00400-0-00 Guadalupe County Appraisal District Account Number S-2 .-...-.........-.--.-----.-.-.,-.-----.......-..---......--..-..--..--.---.....-. BY: Corridor Properties Ltd. By: Barshop & Oles Properties, Ltd., its General Partner By: Barshop & Oles Company, Inc., its General Partner By: LewisF. Westennan, Executive Vice President Date of Signature 900 180m Road, Suite 300 San Antonio, Texas 78216 2G0299-0000-00600-0-00 & 2GO 153-0000-09860-0-00 Guadalupe County Appraisal District Account Numbers BY: 4917 FM 3009 Schertz, Texas 78154 1 G2945-200 1-00400-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-2 --.---.--..---..-----.--..-.-....--.--.-----.,---.-...-....-.--... BY: Randolph Brooks Federal Credit Union ~~ By: .' . "..-. . NameJ" y (i'h . Title: ~~ Vice President, Finance ~03 Date f gnature P.O. Box 2097 Universal City, Texas 78148-2097 1 G2499-0001-00200-0-00 Guadalupe County Appraisal District Account Number BY: Brazos De Santos Partners Ltd By: Name: Title: Date of Signature 430 S. Santa Rosa San Antonio, Texas 78217 1 G2099-3001-001 00-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-3 ------.-.------.--, BY: Randolph Brooks Federal Credit Union By: Name: Jinuny O. Junkin Title: Senior Vice President, Finance Date of Signature P.O. Box 2097 Universal City, Texas 78148-2097 1 G2499-000 1-00200-0-00 Guadalupe County Appraisal District Account Number BY: Brazos De Santos Partners Ltd By: Name: Title: "-'-. -e. ~..~ , 2. -\ ~-63. Date of Signature 430 S. Santa Rosa San Antonio, Texas 78217 1 G2099-300 1-00 1 00-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-3 --.--------.------..........--..---.-.-.-,-------.-.-..-----. BY: CNL Funding 2001-1 LP By: Name: Title: Date of Signature 8918 Tesoro Drive, Suite 200 San Antonio, Texas 78217 1 G3206-000 1-00300~0-00 Guadalupe County Appraisal District Account Number BY: McDonalds of Hawaii Development Co. By: Name: Title: Date of Signature 7300 Blanco Road, #302 San Antonio, Texas 78216 1 G205 7-0001-00200-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-4 --.---..---.-----.--.--....-.......-----.-..-.....---..r-.---.--.-...--.--.-..---..........-------.--.------..--..-..----.--- BY: Security Service\ Federal Credit Union BY:('~~.~ ./ Name: ~. cw, ~ Title: ~ ~:o.~ ~ . 'l. - 4..~ Date of Signature 16211 La Cantera Parkway San Antonio, Texas 78256 2CJOI53-0000-03665 Guadalupe County Appraisal District Account Number BY: Brazos River Leasing LP By: Name: Title: Vice President Date of Signature P.O. Box 696000 San Antonio, Texas 78269 1 CJ0777 -0001-00100-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-5 .--.-...---.--..-........-.-...-.--.--.--,.------......._.__._-_._._...-._._-._---_._..._....__.__._._--~.._-.----.-..... BY: Sonic Development of Central Texas Date of Signature 4513 Berleson Road Austin, Texas 78744 1 G3099-000 1-00500-0-00 Guadalupe County Appraisal District Account Number BY: Tavernier, Jayme A. and Janet S. By: Name: Title: Date of Signature By: Name: Title: Date of Signature 17604 IH-35N Schertz, Texas 78154 1 G2832-000 1-00400-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-6 --_..._-~~-----,~-~-~,-,-------~.....-......,._._...,.~---'_.~'--'_._-----r- EXHIBIT A District Boundaries 20043702.5 A-I ..--....-..-.--...----,- -_.."--~......., 'II " tJi = IiItt -0 4M .... III a; laij 1! ~ ! . - ~ ~ tt1i ,. ~ tI . N ~~ . . e I--f Z (') ~~ ~)>~ ",~i" m",", ,,2gi "''''-<Sl :....f:fi02' ~=;;:; ~~~ ~~~ . N L .~ J -........--......... / f i { \ .'''.....- .. ...~ L...&..~.",.,..~~_._~~ CltT 01 8ellBa... a....I.p. c....ty. ...z.. J{ CURVE TABLE ADIUS DELTA CHIlRD BEARING 50.00 86"2"19' 68.~ NlJ6.23'3O"E l!9UIO 9'll1'2S' 45.78 $4 370.00 I04OU1'OO' 583.19 $W56'04'V 50.00 87"35'41' 69.21 N73"17'42'V so.oo 8'YS8'l8" 70.69 $15"22'41'V 430.00 105"21'57' 683.95 NlW42'37"E .L.~ 39UIO 0-47'29' 5.40 """"34"36'V ~ ... 50.00 87"08'112' 68.92 NOO"29'03'V ~ n." 184.00 IlMO'46' 3l!Q S$5"1S'33"V ~ 'Y' . V; ../~. '" " ~ r:~-Y ~~ ~\.J o~cb ~ ~ ~~c;) . 0. ~ ~ ~~<;5 e,1> ~ ~ '" 0<:) ~~ ~ ~~ ~ ~ z o ~ ~ (X) 0 mW . .,f:::.. .,f:::.. - -.J.,f:::.. -g ~ , , LOT 1, BLOCK 1 MILLER BRas PARTNERSHIP NO 3 VOL5, PG.211 . ,~ ~ ~. ..~ o <( o o::~ 0-<.0 o~ <!> a... L(') O..J 00 ct> 0:: o () C3 CURVE LENGTH C1 ~ C2 45.83 C3 672.68 C4 76.44 ,cs 78.52 C6 790.76 C7 5.40 C8 76.04 C9 32.69 I I i I I I f I l . I I I I I ( I I i , j I PVllZlZC Z....O"....... i ~ DIIlft'RIC" .....0.. I. U~ ~ IIZJIDII'1I -1;" L.W :If FORD ENGINEERING INC. lJ';'.~ ~ ENGINEERING SURVEYING. PLANNING &..,h- ~u 10927 WYE DRIVE. SUITE 104, SAN ANTONIO. TEXAS 78217, (210) 590-4777 't- ~o ~ ~ <b~ V ~ o ~<2 o (9, to i I j ! / ..,.-_......JI.-.-..__~~_....--"..,.,._.......~""'.'_.__.....~.__~.........&&,......;. 20045404.2 . I EXHIBIT A A-I December 06, 2002 Project: 1121.75 PID MAP P J.D. TRACT No.1 Field notes describing a 4.30 acre tract ofIand being derived from: Lot 3, Block 1, Taco Cabana-FM 3009 at IH 35, recorded in Volume 5, Page 39I-B, Plat Records, Guadalupe County, Texas; Lot 1, Block I, Miller Bros. Partnership No.3, recorded in Volume 5, Page 21 I-A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, Schlotzsky's Deli / FM 3009 at IH 35, recorded in Volume 6, Page 60, PIat Records, Guadalupe County, Texas; and Lot 5, Block I, Sonic at Corridor Loop Road, recorded in Volume 6, Page 217, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the northeast right-of-way line ofF.M 3009 at the P.T. return for Corridor Loop Road at a comer of this tract and said Lot 3, Block I; mENCE N 290 36' 00" W, 202.88 feet along the northeast right-of-way line ofFM 3009 to a flare comer of this tract and said Lot I, Block I; THENCE NOlo 34' 40" W, 186.47 feet along the flare to a point in the southright-of- way line oflnterstate Highway 35 for a comer of this tract and said Lot I, Block I; THENCE N 430 03' 28" E, 115.00 feet along the south right-of-way line ofInterstate Highway 35 to an angle point ofthis tract and said Lot I, Block I; THENCE N 420 58' 04" E, 213.03 feet continuing along the south right-of-way line of Interstate Highway 35 to a comer oftWs tract and said Lot 4, Block I, at the P.C. return of a curve to the right in the west right-of-way line of Corridor Loop Road; THENCE along the west right-of-way line of Corridor Loop Road and with said curve to the right having a radius of 50.00 feet, a delta angle of860 52' 19", an arc length of75.81 feet (chord bears N 86023'30" E, 68.75 feet) to a point of compound curvature and corner of this tract; . THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of 291.00 feet, a delta angle of 090 01' 25", an arc length of 45.83 feet (chord bears S 45039'38" E, 45.78 feet) to a point of compound curvature and comer oftWs tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of370.00 feet, a delta angle of 1040 10' 00", an arc length of672.68 feet (chord bears S 10056'04" W, 583.79 feet) to a point of tangency and comer of this tract; THENCE S 63001' 06" W, 47.92 feet continuing along the west right-of-way line of Corridor Loop Road to a point at the P.C. return and curve to the right; _._--~--'~'--_._._--_.,---- THENCE with said curve to the right having a radius of 50.00 feet, a delta angle of 870 35' 41", an arc length of 76.54 feet (chord bears N 73017'42" W, 69.21 feet) to the POINT OF BEGINNING and containing 4.30 acres of land. Note: These field notes do not represent a boundary survey but are derived from recorded instruments for the sole purpose of the Public Improvement District (p.I.D.). 2 I /~ ,_.,-~ ~.-.? -~-- ----................ CURVE LENGTH C1 75.81 C2 45.83 C3 672.68 C4 76.44 C:5 78.:l2 C6 790.76 C7 :s.4O C8 76.04 C9 32.69 ~ ~ ~~ 60 ~ L'\ o<oq,C:Sn;," ~~ ~ ~<:)'b' ~4,) ~ ~ ~, ~G~ ~ .N f{p'J-<O .~~ tJ:Cl'l: !:)Cl ~6 (fl ~ ;; ~ rn (J1 ~ ~ 't ~ ;... co ~ ..... ..... EVELYN KRAMNE RIPPS 35ACRESOUTOFA 160ACRE TRACT RECORDED IN VOL. 262. PG 169 i;, ~ fJ ~ C/) s CURVE TABLE ADIU DELTA CHORD BEARING so.oo 86"52'19" 68.75 N86.23'3O'E 291.00 9"01'25' 45.78 S45.39'38"( 370.00 104"10'00" 583.79 S1O"S6'04.... 50.00 87.3:5'41" 69.2l N73"17'42.... so.oo 89":l8'lr 70.69 st:s+22'41.... 430.00 lAr.I"21'S7" 683.9:5 NOr42'37"E 391.00 00.7'29" :lAG N.4.34'36.... 50.00 8ro8'02" 68.92 NOO"29'03.... 184.00 10"10'46" 32.6:5 SS5"l8'33"'J . I l I 1 ! I I i 1 I , ) -_../ ----.----...---------.----...------.--,----.-.........-----..--.-----.---..-.----.-.----..---.-.--..-- .---- December 06, 2002 Project: 1121.75 PID MAP P J.D. TRACT No.2 Field notes describing a 47.35 acre tract of land being derived from: a 35 acre tract out of a 160 acre tract of land conveyed to Evelyn Kramme Ripps, recorded in Volume 292, Page 169, Deed Records, Guadalupe County, Texas; Lot 2, Block 1, Randolph-Brooks I PM 3009, recorded in Volume 5, Page 344A, Plat Records, Guadalupe County, Texas; and the remainder ofa 16.50 acre tract, recorded in Volume 1181, Page 337-338, Deed Records, Guadalupe County, Texas; BEGINNING at a point in the southeast right-of-way line oflnterstate Highway 35 at the north comer of the said remainder of a 16.50 acre tract; THENCE S 300 31' 32" E, 987.26 feet to a point for a comer ofthis tract in the north line of the 35 acre tract; THENCE N 60004' 02" E, 548.28 feet along the north line of the 160 acre tract to a point for a comer of this tract; mENCE N 800 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of this tract; TIlENCE S 10029' 45" W, 1113.67 feet to a point for a comer of this tract; THENCE S 52057' 13" W, 592.47 feet to a point in the east right-of-way ofFM 3009 for a comet of this tract; THENCE N 29036' 00" W, 1613.45 feet along the east right-of-way line ofFM 3009 to a point for a corner of this tract at the PC return of a curve to the right for said Lot 2, Block 1 and Corridor Loop Road; THENCE along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of50.00 feet, a delta angle of890 58' 18", an arc length of 78.52 feet (chord bears N 15022'41" E, 70.69 feet) to a point for a corner of this tract; THENCE N 600 23' 33" E, 62.53 feet along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the left and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the left having a radius of 430.00 feet, a delta angle of 1050 21' 57", an arc length of 790.76 feet (chord bears N 07042'37" E, 683.95 feet) to a point of reverse curvature of a curve to the right and a comer of this tract; 1 THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of391.00 feet, a delta angle of 000 47' 29", an arc length of5.40 feet (chord bears N 44034'36" W, 5.40 feet) to a point for a comer of this tract; THENCE N 440 10' 52" W, 17.72 feet continuing along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the right; THENCE with said curve to the right having a radius of 50.00 feet, a delta angle of 870 08' 02", an arc length of76.04 feet (chord bears N 00~9'03" W, 68.92 feet) to a point in the south right-of-way line of Interstate Highway 35 for a comer of this tract; THENCE N 420 58' 00" E, 308.31 feet along the south right-of-way line of the Interstate . Highway 35 to a point for a comer of this tract; THENCE N 39008' 57" E, 88.58 feet along the south right-of-way line of the Interstate Highway 35 to the POINT OF BEGINNING and containing 47.35 acres of land. Note: These field notes do not represent a boundary survey but are derived from recorded instruments for the sole purpose of the Public Improvement District (p.LD.). 2 ~--'~~~~....,~..".,~ ..~_...- --~'''~--- .. .?"" ~....."" INTERSTATE HIGHWAY 35 fl 1 z '" <0 W OJ o ~ ~ N '" CD ~ (1] 09.13' N Sr48'S3" \S'~ .)0 ssrcu McOONALOS- ~{:>- IH-35/FH 3009 . 7. {s-. UlT4, BLOCK 1 35 LOT 2, \5'- ~ VDL,6, PG,3Se BLOCK 1 DIAMOND VOL 5, SHAMROCK-35 PG.l49A LOT 1, BLOCK 1 S 60023'58" W VOL5, PG.l2OA. 248.00' HEB 35 / F oM. 3009 LOT 5, BLOCK 1 z VOL5, PG.343 '" <0 W OJ 0 IJ.IIIAC'&' 110.3 ~ ~ ~ 0 0 q S 60023'57" W 456.59' ~I S 60023'58" W 443.41' O'l~ SEGUIN STATE BANK CD w ~~ SUBDIVISION 002 -" 0 .~ LOT 4, BLOCK 1 ~ VOL 5, PG. 2498 z CURVE TABLE '" ~ CURVE LENGTH RADIUS DELTA CffJRD BEARING w C1 75.8l ~ 86"2'19" 68.7:1 N86.23'30"E O'l 0 FOREST RIDGE C2 45.83 29LOO 9"01'es" 45.78 S45"39'38"[ ~ CDMMERCIAL C3 672.68 370.00 104"10'00" 583.79 $111"5'04"\0/ ~ LOT 6, BLOCK 1 C4 76.<44 ~ 87"3:S'41" 69.2t N73"17' 4I!"V CS 78.52 5O.lIlI 1S'r.l8"18" 70.69 $15"22'41..... O'l (4,869 ACRES) <0 C6 790,76 43O.ClO 105"21'57" 683.95 N07.4l!'37"E CD C7 5.40 39t.OO lr47'29" 5.40 N44"34'36"V ix> CQ C8 76.04 5O.lIlI 87"08'02" 68.ge t<<IO"29'03"\o/ C'3I 32.69 184.00 Ilrllr46" 32.6S ~ City 01 .C...... SOo~3'~~" V'J S 76' ..".I1I.pe C01l.D.tya . ...Z.... 96. S 60"23'56" W C9 \ N 63034'20" E 7 E 723 35' ~ ~ w o o ~ (f) '" <0 W O'l o q m -" w c.n c.n Co q I I I ,0 I P'U'lUiIC DKPRO~22 I ~ DZ....ZC.. .....0.. :I j U~~ · ~ I ~lW . :)If EN~N~:n ENG~~~RI~G :~C \ I..,.:.- Jt&JtSIR 10927 WYE DRIVE, SUITE 104. SAN ANTONIO. TEXAS 78217. (210) 590-4777 " S 60023'56" W 69.99' , ) ! i 1 I J / ~ ------' "'.'-~,_....__..._. -~...............- December 06, 2002 Project: 1121.75 PID MAP P J.D. TRACT No.3 Field notes describing a 30.14 acres tract ofIand being derived from: Lot 1, Block 1, Diamond Shamrock-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, Seguin State Bank, Subdivision No.2, recorded in Volume 5, Page 249B, Plat Records, Guadalupe County, Texas; Lot 5, Block 1, HEB 35/ FM 3009, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; Lot 2, Block I, McDonalds-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 6, Block 1, Forest Ridge Commercial, an unrecorded subdivision; and Lot 4, Block 1, SSFCU IH-35/FM 3009, recorded in Volume 6, Page 382, PIat Records, Guadalupe County, Texas; BEGINNING at a point in the south right-of-way line ofInterstate Highway 35 at the west comer ofSSFCU IH-35/FM 3009 subdivision for a comer of this tract; THENCE N 630 34' 20" E, 709.13 feet along said right-of-way to a point for angle point of this tract; THENCE N 570 48' 53" E, 723.35 feet continuing along said right-of-way to a point for a comer of this tract at the flare comer ofFM 3009 and said Diamond Shamrock-35 Subdivision; THENCE S 730 12' 15" W, 170.15 feet along said flare to a point for a corner oHhis tract in the southwest right-of-way line ofFM 3009 ; THENCE S 290 36' 00" E, 1355.90 feet along the southwest right-of-way line ofFM 3009 to a point for a comer of this tract being a comer of said Forest Ridge Commercial Subdivision; THENCE S 600 23' 56" W, 69.99 feet to a point for a comer of this tract at the PC of a curve to the left; THENCE with said curve to the left having a radius of 184.00 feet, a delta angle of 100 10' 46", an arc length of32.69 feet (chord bears S 55018'33" W, 32.65 feet) to a point for a comer of this tract; THENCE S 500 13' 11" W, 96.78 feet to a point for a comer of this tract; THENCE S 600 23' 56" W, 202.22 feet to a point for a comer of this tract; THENCE N 29036' 04" W, 698.89 feet to a point for a comer of this tract being also in the south property line of said HEB 35 I FM 3009 Sulxlivision; -------..--..-.-..-----,- THENCE S 600 23' 58" Vi, 443.41 feet to a point for a comer of this tract; THENCE N 29036' 03" W, 68.11 feet to a point for a comer of this tract; THENCE N 600 23' 57" W, 456.59 feet to a point for a comer of this tract; THENCE N 29036' 03" W, 510.00 feet to a point for a comer of this tract being the east comer of said SSFU IH-35/FM 3009 Subdivision; THENCE S 600 23' 58" W, 248.00 feet to a point for a comer of this tract at the squth comer of said SSFU IH-35/FM 3009 Subdivision; THENCE N 29036' 02" W, 228.75 feet to the POINT OF BEGINNING and containing 30.14 acres of land. Note: These field notes do not represent a boundary survey but are derived from recorded instruments for the sole purpose of the Public Improvement District (p.I.D.). -r EXHIBIT B Initial Project 20043702.5 B-1 -;-----....--...--..------.-.----.- .-.....-..-----.------..--..-.----..-.. FM 3009 Traffic Light and Roadway Public Improvement District Description of Work: Install traffic signalations at new roadway in accordance with TXDoT construction guidelines, to include constructing a 42' street with five-foot (5') sidewalks, in accordance with City Engineered Standards. Project will construct new roadways between Randolph Brooks FCU and Barshop Properties to the common property line of the Ripp's F~ continuing to the proposed intersection of Ripp's Farm, Randolph Brooks FCU, HEB and State Bank: & Trust (see Pill Map for details). Estimated Construction Cost Description Unit Unit Price Qty A. Build 42 foot street with sidewalk L.F. $200.00 1600 B. Signals L.S. $125,000 1 C. Assessment Contingency D. Purchase Land Special Assessment Total City of Schertz Participation Purchase Land Engineering 12% Surveying 3% Legal Services 80 hrs @ 400. Price $320,000 $125,000 $ 44,500 $60.000 $549,500 $ 60,000 $ 60,840 $ 15,210 $ 32.000 City Share $168,050 Combined Total Project Cost $717,550 Should the project not be developed, the city will apply $168,050 to construct a raised center median as in accordance to TXDOT Standards. -------T EXHIBIT C 2001 Guadalupe County Appraisal 20043702.5 C-l ..------,--- Company Schlotzskys Sonic Diamond Shamrock McDonalds Taco Cabana SSFCU Bill Millers RBFCU State Bank Corridor Properties Ltd. (Forrest Ridge Commercial)** COrridor Properties Ltd. (Corridor Loop) HEB Ripps* City of Schertz Total Grand Total * Note: This figure now represents 35 acres of the 155.131 acres for the Ripps property. ** only includes property next to State Bank one acre = 43,560 SF Based on Total SauareFootaae alo 21 Nov 02 Sq.Ft. 38,246 41,164 43,168 44,192 47,698 55,016 59,982 66,690 87,120 212,094 431,157 858,873 1,524,600 Assessment Total SF Total $549,500.00 3,510,000 SF Assess 0.15655 PIO Fair Share % $5,987 0.83% $6,444 0.90% $6,758 0.94% $6,918 0.96% $7,467 1.04% $8,613 1.20% $9,390 1.31% $10,441 1.46% $13,639 1.90% $33,204 4.63% $67,499 9.41% $134,459 18.74% $238,680 33.26% PID Share Total $549,500 $168,050 717,550 23.42% 100.00% Pap 2C A RESOUITlON BY THE CITY COUNCIL OF THE CITY OF SClURTZ, TEXAS AUTHORIZING THE CREATION OF THE SClURTZ 1-3513OO!1 PUBLIC IMPROVEMENT DISTRICT; INSTRUCTING PUBLICATION OF THIS AUTHO~TlON; AND ASSIGNING RESPONSmlL1TY FOR THE PREPARATION OF THE SERVICE AND ASSItSSMENT PLAN WHEREAS, owners of the property described in attached Exhibit A, excc.pt as noted in IIUCh Exhibit A (the ''Property Owners''), have submitted a petition (the "Petition'') to the City Secrewy of the City of Scbortz that complies with the requirements of Section 372.005 of the Pab1ie fmprovement District Assessment Act (the "Act'') and that requests the creation of a public improvement district, which shall be designated the Schertz 1-35/3009 Public Improvement Dimict (the "Districtj; and WHEREAS, the City Council has conducted a public hearing with regard to the ..viSIbility of the creation of the Dimict and has found it advisable to create such District panumt j(j Section 372.006 of the Act; and WHEREAS the City has found that all prerequisites to the creation of the District have been fulfilled; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. The Schertz 1-35/3009 Public Improvement District is hereby authorized to be and is hereby created as a public improvement district under Chapter 372 of the Act in IlCCOI'dcIce with the City Council's findings of advisability with regard to the crelIlion of the Schertz 1-35/3009 Public Improvement District made in a RClIOlution ofthia date. 2. The City Secretary is hereby directed to give notice of this authorization for the creation of the Schertz 1-35/3009 Public Improvement District by publishing this ReIolution in . local newspaper of general circulation in the City of Schertz. 3. Such authorization shall take affect and the Schertz 1-35/3009 Public Improvement District shall be deemed to be established effective upon the publication of such notice. 4. The -'viIOf)' board of the Schertz 1-35/3009 Public Improvement District shall c:auae the preparation of a service and assessment plan as required by Section 372.013 of the Act. 5. This RClIOlution shall take effect and be in full force immediately upon its 8doption. PASSED, APPROVED, and ADOPTED this _ day of June, 2003. Mayor, City of Schertz, Texas A1TI!ST: city Secretary, City of Schertz, Texas EXHIBIT A PETITION FOR THE CREATION OF THE SCHERTZ PUBLIC IMPROVEMENT DISTRICT The IIIIIIllnilftod parties (the "Parties'') hereby petition the City Council of the City of ScheIlz, T_ (the "City") to establish a public improvement district (the "District'') pursuant to a111p11l1eab1e law, including the Public Improvement District Aasessment Act, Chapter 372, T_ Local 00_ Code, as amended (the "Act''), as follows: I. baulred PetitiODerll. The Parties ue (I) ownera of taxable real property ........... _ than fifty percent (50%) of the appraised value of the taxable real property liable tbr -.at in the ~ Dimict as determined by the cumrnt roll of the Guadalupe ec..a, Appalaal District md (2) reconl owners of real property liable for assessment in the JIIIIIl*Il District who (a) COIIItitute more than fifty percent (50%) of all reconl owners of pnlpIIly \baIla liable for ~ in the proposed District or (b) own taxable real property ....... _lbaa fifty percent (50%) of the area of all taxable real property that is liable .. _ in the proposed Imlrict. 2. BoundarIea of DistricL The boundaries of the proposed District ue shown on Illddbit A. 3. NIIure of ImDrovemenl.l. The pneraJ nature of the proposed improvements in ... DIstrict iDcludea landlcapina; erection of dlatinctive lighting and signa; acquiring, 0lIIIItIIIctbIa im;mIviDJ, wideninJ, narrowin.. cloling or rerouting of siclewaUca or of streets, aI)' alii.- 108dwaya, or other riJbll-of-way in the District; acquisition, construction, or 1IIIpIa~ of olf_ parIdna flcilities; any other improvement or adminiatrative COlts IIIIharIzed by the Act; md the payment of any expenaes incurred in the establishment, adIIIInIItntion, md operation of the District. The proposed capital improvements, services, 8dmiaiatrative COlIs, md expenaes provided by the District shall be in addition to the current and IIIdcipated capitallmplOvements and services provided by the City in the area of the proposed Dislrict. The proposed project for the District is described on Exhibit B. 4. Coat of Imnrovemllllts. The estimated cost of the improvements for the project is $717,s50.00. 5. Method of A_...."'" The proposed method of assessment shall be equally per Il\IIare foot in accordance with Section 372.015 of the Act (Exhibit C). ~ BY: Corridor Properties Ltd. THE GAZETTE-ENTERPRISE By: Barshop & 01.. Properties, Ltd.. its 0encraI Partner By: Banbop & Oles Compooy,IDc., ils General Partner By: Lowi,F. W_ Executive Vice Praident Dote ofSi....- 900 180m Rood, Sui.. 300 San AnI00io. T.... 78216 2G0299-OOO().()(}6( &. 2001 53-0000-09860400 Ouada\upe County Appraiaal Dimicl Account Numbers BY: 4917 FM 3009 Sebert?., Texas 78154 1G2945.2001.()()4()(H).OO Guadalupe County Appraisal District Account Number BY: Randolph Brooks FodenIl Crodil Union ~~e~ Title: 'or Vice Presid.... Finance ~/o3 Datq.6f ....- P.O. Box 2097 Universal City, Texas 78148-2097 IG2499-000t-002<XMl-OO Ouada\upe County Appraisa1 DiIIricI Account Number BY: BrlIZOI De SUltoll Pal1n.. Ltd By: N....: Tide: DIIe ofSi....- 430 S. SUlla Rota SID _0, T.... 78217 1G2099.300I.OQ1 <XMl-OO Ouada\upe County Appraiaal District AccolDlt Number BY: Randolph Brooks Federal Credit Union By: Nome: Jimmy O. Junkin Title: Senior Vice President. Finance DIIe ofSi....- P.O. Box 2097 Univeraa1 Cily, T.... 7S148.2097 IG24994)Ql-002~\ Ouada\upe County Appraisa1 DiItric:t Account Number BY: :~iit Title: '" .. -.....b...... Z. -\ "~O3. Dote ofSisnature 430 S. Santa Rosa San Antonio, Texu 78217 102099.3001-00100..0.00 Guadalupe County Appraisal Diatri.. Account Number cat? 01 110...... a....I.... oo....t? . Jtv.IIIC :DIJItIlO"..... DIftIItIO.. O"...~.. .IC~'~ i~ l~~ ~=D~NG~ '. ......... ...... 10t27 W'l'E DRII4. SUITE 104. SAN ANTONIO, Clt' a....I' z o ... ... 00 . !"l~ ~~ .0 . lOT MIll PARTNE VOL. .. :E A Page 2C A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CREATION OF TilE SCHERTZ 1.35/3009 PUBLIC IMPROVEMENT DISTRICT: INSTRUCTING PUBLICATION OF THIS AUTHORIZATION; AND ASSIGNING RESPONSIBILITY FOR THE PREPARATION OF TilE SERVICE AND ASSESSMENT PLAN WHEREAS, owners of the property described in attached Exhibit A, excl-pt as noted In such Exhibit A (t"e "Property Owners"), have submitted a petition (the "Petition") to the City Secretary of the City of Schertz that complies with the requirements of Section 372.005 of the Public Improvement District Assessment Act (the "Act") and that requests the creation of a public improvement district, which shall he designatcd the Schertz 1.35/]009 Public Improvement District (the "Distncr'); and WHEREAS, the City Council has conducted a public hearing with regard 10 the advisability of the creation of the District and has found It advisahle to create such District pursuant to Section 372.006 ofthc Act; and 'W'HEREAS the City has found that all prerequisites to the creation of the District have been fulfilled; NOW THEREFORE, BE IT RESOLVED BY THE CITY COt 'NCIL OF THE CITY OF SCHERTZ, TEXAS, 1. The Schertz }.35/3009 Public Improvement District is hereby authonzed to he and is hereby created as a public improvement district under Chapter 372 orthe Act in accordance with the City Council's findings of advisability with regard to the creation of the Schertz 1.35/3009 Public Improvement District made in a Resolution of this date. 2. The CIty Secretary is hereby directed to give notice of this authorization for the creation of the Schertz 1-35/3009 Public Improvement District by publishing thiS Resolution in a local newspaper of general circulation ill the City of SChCl17 3. Such authorization shall take affect and the Schertz I-J5/3009 Public Improvement District shall he deemed to he established effective upon the publication of such notice. 4. The advisory board of the Schertz 1-35/3009 Public Improvement District shall cause the preparation of a service and assessment plan <u; required by Sectiun 372.013 of the Act 5. This Resolution shall take effect and be in full force immediately upon Its adoption. PASSED, APPROVED, and ADOPTED thIS _ day of June, 2003 Mayor, City of Schertz. Texas ATTEST: City Secretary, City of Schertz, Texas EXIIIBIT A PETITION FOR THE CREATION OF THE SCHERTZ PUBLIC IMPROVEMENT DISTRICT The undersigned parties (the "Parties") hereby petition the City Council of the City of Schertz, Texas (the "City") to establish a public improvement district (the "District") pursuant to all applicable law, including the Public Improvement District Assessment Act, Chapter 372, Tead Local Government Code, as amended (the "Act"), as follows: t. Reauirod Petitioners. The Parties are (1) owners of taxable real property Tepres""ting more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment in the proposed District as determined by the current roll of the Guadalupe CoWlty Appraisal District and (2) record owners of real property hable for assessment in the proposed District who (a) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment in the proposed District or (b) own taxable real property that eonstitutClJ more than fifty perrent (50%) of the area of all taxable real property that is hable fur _t in the proposed District. 2. Exhibit A Boundaries of Distri~. The boundaries of the propo~ed District are shown on 3, Nature of ImDTOvements. The general nature of the proposed improvements in the District includes landscaping; erection of distinctive lighting and signs; acquiring, constructing, imt'roving, widening, narrowing, closing or rerouting of sidewalks or of streets, any other roadways, or other rights-of-way in the District; acquisition, construction, or improvement of ofT.street parking facilities; any other improvement or administrative costs authorized by the Act; and the payment of any expenses incurred 111 the establishment, administration, and operation of the District. The proposed capital improvements, services, administrative costs, and expenses provided by the District shall be in addition to the current and anticipated capital improvements and services provided by the City in the area of the proposed District. The proposed project for the District is described on Exhihit B. 4. Cost of lmorovements. The estimated cost of the improvements I()r the project is $717,55000 5. Method of Assessment. The proposed method of assessment shall he equally per square foot in accordance with Scction 372.1115 of the Act (Exhibit C) 6. Am1ortioIl!lJS1lLQ[Cos~ The City shall pay twenty five percent (25%) of the cost of thc improvcments described in paragraph 4 abo\'e. to the extent the total project costs do not excoed S,7 \7 ,550, and \ 00% uf any project costs in excess of $7\7550.00. OtherWIse, all costs of the District's activities will be paid by and apP011ioncd 10 tbl' Di~tncl and not to the ('It\ as a whole, in which case, the City's property. if any, included in the District shall he suhject t~) assessment on the same ba~ 15 all other property in the District. It is not intended tbat the City reduce its current and antiL,pated level of capital improvements and services provided for th~ entities and property in the District 7. M#1J~LU~.l!u~[J2isrricr The DistIll t ,.\,iil he 1i\;llla!-!,l:d 11)0-' till: CIty 8. Reo.uested Action. Thl' undersigned parties hereby request that the City establish the District 9. Advisorv Bodv. An advisory committee shall he estahlished to develop and recommend an improvement plan (0 the City. Thc composition of the advisory committee shall be delcrmined in accordance with Section 372.008 of the Act 10. Debt The City is requcsted to issue debt for the benefit of the District. and the Dislrict intends to ftmd its share of the cost of the proposed improvements on an annual basis pursuant to a budget adopted by the District and approved by the City. Such debt is anticipated to have a tenn of not morc than three (3) years Upon payment in full of such deht, the a.ueuments shall cease. 11 Multiole Countemarts. The petition may be cxccutui in rnultipk counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. 12. FihnR with City S,<\,[!lliID' Upon execution, this petition shall be filed of record with the City Secretary ....,.~,'~~_..,.,""?;;';': BY Con'idor Properties LId THE GAZETTE-ENTERPRISE Sunday, June 8, 200~ By B;u'shop & Oks Properties, l,ld., Its (jeneral Partner By Barshop & Oles Company, !J1C., lis (Jcncrall'artncr By --- Lewis F. Westennan. Executive Vice President Date of Signature 900 Isum Road, Suite 300 San Antonio, Texas 782HJ lliQ12~Q!!Q.(i-()()6()(8)-=!lli.&~;2.n()]51.=QQ9Q:9~@~Q-.OQ Guadalupe County Appraisal District Account Numbers BY 4')17 FM lOll') Sl"bull. Tl'xas 7XI.~" !lIst rid B\' Randolph Brooks Federal Credit Unior. By... :lA;:lLV~~ ~am;Oj~;Y~~:l . Tille. simor Vice PreSIdent, FinanCe D~t~~3ur:'.-" P,O Box 21J97 I imversal City, .1 exas 78148-2097 t G2499-000 t ..00200.0-00 Guadalup-; c;~ty Appraisal District Account Number BY BraJ.os De Santos Partners Ltd Hi/" Name Tille Dale of Signature 410 S. Santa Rosa San Antonio. Texas 78217 lQl!.ft9..:lQ(1l:QO I 00-0-00 Guadalupe County Appraisal Dlstncl Account Number BY. Randolph Brooks Federal Credit Unioll By .." _ ._...~.. _____ ~am!; J 101m,. 0 Junkin Tilk SCI1lOf Vice President, Financc Date of Signature P,U 80x 2(1)7 llnivcrsal ('ity, Texas 78148-2097 IGl422:Q()Ql~Q91QQ.:Q.~QQ Guadalupe County Appraisal District Account Numhcr H Y Brazos n.... S,mtos Partners Lid ~;m;--~ . rille _____~~.:!---_--- a-\..:c>~ Dale of Signa lure, 430 S Sama Rosa San An!ntlin. Texas 78217 lG2Ul)')-3QQL:lli.LlJ}Q:.Qjill CuaJalupe C'lJUllly Appraisal Distril:! ACCOUllt Numhe! BY' C'NI Funding 200t-1 LP l1y Name Title Date of Siguaturc k918 Tesoro Drive. Suite 200 San Antonio, Texas 78217 LGJ.filii.OOQl99,99,O-OO Guadalupe County Appraisal District Account Number BY j\ldlonalds ,)f 11;\W:l11 l),;:vclopmcnt (:n rllk [)~lll' of Sil:'natllfc iV)O Blanco Road, li.lo2 '\nlnnHl. Texas 7S211) EXHIBIT A District Boundaries CUy 01 8e...... a.ad.alup. Couatv. "'xa.. . PVBLJ:C IXPROVBMBB'l' DI8..RIC.. OVllRAlala 1 RZIDBrr 1 '>--'\. x..~ ~ ~\.G , 1>.<'\ ~ ~S'\> <,\~~' \"':" ~l~\' ~~ ) -^ [., ~.... ;!:;; ~ ~ Jl.U.JU ji]()-RDENCi INEERiNG~ jN~ E..r,I~URING . SUR~'r1NG . PLANNING l()927 "n="Clf./II't. SUTE '04. S....N .o.NTONIO. TE;o;,o,S 7e217, (210) 590-H77 City 01 BCBBRIJI. a....I... CO.Dty" lJI.z.. . CURV( CI ca C3 C4 "" C6 C1 ell C, ~;) 9;:~ "~~ ~ LOT I, BLOCK 1 MILLER BRas PARTNERSHIP NO 3 val 5. PG211 . G ~ z o -" co 0 m(.U . .I>- ~~ -g ~ 1-- ~ ~ 15', 'b. .z.. ~ ~ c9. 0', ~ ~ V ~ &; TACO CA~~~ 3. BLOCK 1 VOL~~~~~9 AT IH 35 P1J'BLZC u.PROVR..... DIBIJIRJ:CIJIIJIRACIJI 1 RZIIIIIrJI WFORD----..-.-.- ~ ~ -~.~--~-~-~_._--_. ...~ FORD ENGINEEmN~ IN\'. E.NGlNEER1NG $iJRVEYlNG PLANNING ~ ._LW 'oafr ~ ,~'4- ..I .It&d~ ...:'Lff:. ~~ 10927 WY[ DRI'IE. SUITE 104. SAN ....NTONIO. TEX....S 78217, (210) 590-4777 BY: Evelyn Kramme Ripps By: Name: Date of Signature 12311 Somerset Rd #1 Von Onny, Texas 78073 lG0299-OOO1UloROO-O-OO Guadalupe County Appraisal District Account Number BY: REa Grocery Co., LoP., a Texas limited partnership ~::~~ 2./2..l~~ Date of Signature 646 South Main Street San Antonio, Texas 78204 1G1355.{)()()1.00500_0.00 Guadalupe County Appraisal District Account Number BY: Corridor Properties Ltd. By: Barshop & Oles Properties, Ltd., its General Partner By: Barshop & Oles Company, Inc., its Genera~p~~ \11_ By~1:'~ Lewis F. Westennan, Executive Vice President 17";/ f', ".,,) Date of SignatW'e 900 Isom Road, Suite 300 San Antonio, Texas 782 t 6 2OO299.()()OO-oo6OO-Il-oo & 2OOlS3.()()OO.Q9860.0.00 Guadalupe County Appraisal District Account Numbers BY: State Bank & Trust of Seguin By: Name: Joe H. Bruns Title: President Date of Signature 4917 FM 3009 Schertz, Texas 78154 1G294S-200HJ0400.0_00 . Guadalupe County Appraisal District Account Nwnber ." I G20S7-000 ]-00200-0-00 Guadalupe County Appraisal District Account Number BY: Security SClVi~ Federal Credit Union Byfi;__ ~:~: ~. . '-4-~ Date of Signature 16211 La Cantera Parkway San Antonio, Texas 78256 2OOIS3.()()OO.()l66S Guadalupe County Appraisal District Account Number BY; Brazos River Leasing LP By, Name; Title; Vice President Date of Signature P.O. Box 696000 San Antonio, Texas 78269 100777-000 1.00 1 00-0-00 Guadalupe County Appraisal District Account Number BY: Sonic Development of Central Texas BY~(.~~ N.~ ; J ~way Title: . Date of Signature 4513 BerIeson Road Austin, Texas 78744 I Gl099.()()(JI.QOSOQ.o.oo Guadalupe County Appraisal District Account Number BY: Tavernier, Jayroe A. and Janet S. By: Name; Title; Date of Signature By: Name; Title; Date of Signature 17604 nOSN Schertz, Texas 78154 1 02832-000 1.Q0400.0.oo Guadalupe County Appraisal District Account Number P.I.D. TRACT No.1 ~ Field notes describing a 4.30 acre tract ofJand being derived from: Lot 3, Block I, Taco Cabana-FM 3009 at lH 35, recorded in Volume 5, Page 391-B, Plat Records, Guadalupe County, Texas; Lot I, Block I, Miller Bros. Partnership No.3, recorded in Volume 5, Page 2ll-A, Plat Records, Guadalupe County, Texas; Lot 4, Block I, Schlotzsky's Deli! PM 3009 at lH 35, recorded in Volume 6, Page 60, Plat Records, Guadalupe County, Texas; and Lot 5, Block I, Sonic at Corridor Loop Road, recorded in Volume 6, Page 217, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the northeast right-of-way line ofF.M. 3009 at the P.T. return for Corridor Loop Road at a corner of this tract and said Lot 3, Block I; THENCE N 290 36' 00" W, 202.88 feet along the northeast right-of-way line ofFM 3009 to a flare comer of this tract and said Lot I, Block I; THENCE N 01 034' 40" W, 186.47 feet along the flare to a point in the south right-<lf- way line ofInterstate Highway 35 for a corner of this tract and said Lot I, Block I; THENCE N 430 03' 28" E, 115.00 feet along the south right-<lf-way line ofInterstate Highway 35 to an angle point of this tract and said Lot I, Block I; THENCE N 42058' 04" E, 213.03 feet continuing along the south right-of-way line of Interstate Highway 35 to a corner of this tract and said Lot 4, Block I, at the P.c. return ofa curve to the right in the west right-<lf-way line of Corridor Loop Road; THENCE along the west right-of-way line of Corridor Loop Road and with said curve to the right having a radius of50,00 feet, a delta angle of860 52' 19", an arc length of75,81 feet (chord bears N 86023'30" E, 68.75 feet) to a point of compound curvature and corner of this tract; THENCE continuing along the west right-<lf-way line of Corridor Loop Road and with said compound curve having a radius of291.00 feet, a delta angle of 090 01' 25", an arc length of45.83 feet (chord bears S 45039'38" E, 45.78 feet) to a point of compound curvature and comer of this tract; THENCE continuing along the west right-<lf-way line of Corridor Loop Road and with said compound curve having a radius of370.00 feet, a delta angle of 1040 10' 00", an arc length of672.68 reet (chord bears S 10056'04" W, 583.79 feet) to a point of tangency and comer of this tract; THENCE S 630 01' 06" W, 47.92 feet continuing along the wes! right-<lf-way line of Corridor Loop Road to a point at the P.c. return and curve to the right; THENCE with said curve to the right having a radius of 50.00 feet, a delta angle of 870 35' 41", an arc length of 76.54 feet (chord bears N 73017'42" W, 69.21 feet) to the POINT OF BEGINNING and containing 4.30 acres of land. Note: These fieldnotes do not represent a bounda.,. survey but are derived from recorded lastnmellts for the IOIe parpose oCtile Pab/ie Improvement District (p.I.D.). <notice continued on next page> I ~ --..- ~-~---.-' . -'-" "'?'", ---..... ~ - _.. ',,-.r~-.... . ,_. . - -.- _ Sunday,. June 8, 2003 THE GAZETTE-ENTERPRISE Page 3C <notice continued from previous page> December 06, 2002 Project: 112L75 PID MAP ~T~'~_~~'T____~___________~._____________________... P.I-D. TRACT No.3 CURVE L[N(jTH CI ~I cz '583 CJ i1248 C4 76.44 " '''''' C6 "",. c, .... C8 ,.... C9 32.69 ~ ~~~ 0<\. ~ <\.4.t~~ ~G~ ~~ ~ Field notes describing a 30.14 acres tract of land being derived from: Lot I, Block I, Diamond Shamrock-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 4, Block I, Seguin State Bank, Subdivision No.2, recorded in Volume 5, Page 249B, Plat Records, Guadalupe County, Texas; Lot 5, Block I, HEB 35/ FM 3009, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; Lot 2, Block I, McDonalds-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 6, Block I, Forest Ridge Commercia~ an unrecorded subdivision; and Lot 4, Block I, SSFCU IH-35/FM 3009, recorded in Volume 6, Page 382, Plat Records, Guadalupe County, Texas; BEGINNING at a point in tbe south right-of-way line ofInterstate Highway 35 at the west comer ofSSFCU IH-35/FM 3009 subdivision for a comer of this tract; THENCE N 630 34' 20" E, 709.13 feet along said right-of-way to a point for angle point of this tract; ~ ~ ~ THENCE N 570 48' 53" E, 723.35 feet continuing along said right-of-way to a point for a comer ofthis tract at the flare comer ofFM 3009 and said Diamond Shamrock-35 Subdivision; THENCE S 730 12' 15" W, 170.15 feet along said flare to a point for a comer of this tract in the southwest right-of-way line of FM 3009 ; THENCE S 290 36' 00" E, 1355.90 feet along the southwest nght-of-way line ofFM 3009 to a point for a comer of this tract being a comer of said Forest Ridge Commercial Subdivision; THENCE S 600 23' 56" W, 69.99 feet to a point for a comer of this tract at the PC ofa curve to the left; PUBLIC lM:paOVmM:S~ DISIJ.'IRIC'P Iil'IRACfII.'I ~ :m:XID:BIIil'I City OIl: SCHE:R~Z GlUa,clRJlUpe> CQ!'Q.D,ty.. ~~;g~fiij ';2Jj]'~J<OJ'''''Liii::''-RING I~~. '!'Y ENGINEERING. SURVEYING . PlANNING ~ ..a.us&J: 10927 W'rE DRIIJE, SUIT( 104, SAN ANTONIO. TEXAS 76217, (210) 590-4777 THENCE with said curve to the left having a radius of 184.00 feet, a delta anglc of 100 10' 46", an arc length of32.69 feet(chord bears S 55018'33" W, 32.65 feet) to a point for a comer of this tract; THENCE S 500 13' 11" W, 96.78 feet to a point for a comer of this tract; THENCE S 600 23' 56" W, 202.22 feet to a point for a corner of this tract; ...-._._----~.__.. ~.,-~~~~..~-~~~, ~-_.,~..,----.._~,..,--~-~,~~-~.~,~ .-.~ ..:J..~ ~. THENCE N 290 36' 04" W, 698.89 feet to a point for a comer ofthi~ tract being also in the south property line of said HEB 35 ! FM 3009 Subdivision; THENCE S 600 23' 58" W, 443.41 feet to a point for a comer of this tract; December 06, 2002 Project: 1121.75 PID MAP THENCE N 29036' 03" W, 68.11 feet to a point for a comer of this tract; THENCE N 600 23' 57" W, 456.59 feet to a point for a comer of this tract; THENCE N 29" 36' 03" W, 510.00 feet to a point for a comer of this tract being the east comer of said SSFU 1H-35/FM 3009 Subdivision; P.I.D. TRACT No.2 THENCE S 600 23' 58" W, 248.00 feet to a point for a comer of this tract at the south comer of said SSFU IH-35/FM 3009 Subdivision; Field notes de.iCribing a 4735 acre tract of land heing dcrived from: a 35 acre tract out of a 160 acre tract of land conveyed to Evelyn Kramme Ripps, recorded in Volume 292, Page 169, Deed Records, Guadalupe County, Texas; Lot 2, Block I, Randolph-Brooks! FM 3009, recorded in Volume 5, Page 344A, Plat Records, Guadalupe CoWlty, Texas; and the remainder of a 16.50 acre tract, recorded in Volume 1181, Page 337-338, Deed Records, Guadalupe COlmty, Texas: BEGINNING at a point in the southeast right-<lf-way line ofInterstate Highway 35 at the north corner of the said remainder ofa 16.50 acre tract; THENCE N 29" 36' 02" W, 228.75 feet to the POINT OF BEGINNING and containing 30.14 acres of land. Note: These fieldDotes do Dot represeut a boDDdary survey but are derived from recorded instnmeuts for the sole pnrpose of the Public Improvemeut District (p.I.D.). THENCE S 300 31' 32" E, 987.26 feet to a point for a corner of this tract in the north line of the 35 acre tract: EXlDBIT B THENCE N 60004' 02" E, 54828 feet along the north line of the 160 acre tract to a point for a comer of this tract; Initial Project THENCE N 800 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of this tract: FM 3009 Traffic Light aud Rl)adway Public Improvement District THENCE S 10029' 45" W, 1113.67 teet to a point for a comer of this tract; THENCE S 520 57' 13" W, 592A7 feet to a point in the east right-of-way ofFM 3009 for a comer of this tract: Description of Work: Install traffic signalations at new roadway in accordance with TXDoT construction guidelines, to include constructing a 42' street with five-foot (5') sidewalks, in accordance with City Engineered Standards. THENCE N 290 36' 00" W, 1613.45 reet along theeasl right-of-way line ofFM 3009 to a point for a comer of this tract' at the PC return of a curve to the right for said Lot 2, Block I and Corridor Loop Road; THENCE along the east right-ot~way of Corridor Loop Road and with said curve to the right having a radius of50.00 feet, a delta angle of890 58' 18", an arc length of78.52 feet (chord hears N 15022'41" E, 70.69 feet) to a point for a comer of this tract; Project will construct new roadwayS between Randolph BrooksFCU and Bilrshop Properties to the common property line of the Ripp's Farm, contiriuillg<to t'h~'proj)(>sed intersection of Ripp's Farm, Randolph Brooks FCU, HEB and State Bank & Trust (see Pill Map for details). ,/. ~ \-.Y t.. 'P'" !(.p d.:'".;;!, i/ I Estimated CODstnctiOD Cost THENCJ<; N 600 23" 13" E, 62.53 feet along the east right-of~way of Corridor Loop Road to a point at the PC ofa curve to the left and a comer of this tract; Description Unit UDit Price Qty Price THJ<:NCJ<: continuing along the =,t right-of-way of Corridor Loop Road and with said curve to the left having a radius of 430.00 feet, a delta angle of 1050 21' 57", an arc length 0090.76 tcet (chord bears N 07"42'37" 10, 683.95 leet) 10 a point of reverse curvature of a eurve to the right and a corner oftllis tract: A. Build 42 foot street with sidewalk L.F. $200.00 1600 $320,000 B. Signals IS $125,000 $125,000 THENCE continuing along the ea<l right-of.way of Corridor Loop Road and with said curve to the right having a ljjIdius of 391.00 feet, a delta angle of 000 47' 29", an arc lengthof5.40 feet (chord hears N 44034'36" W, 5.40 feet) to a point for a corner of this tract: C. Assessment Contingency $ 44,500 D. Purchase Land $60.000 THENCE N 440 10' 52" W, 17.72 feet continuing along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the right; Special Assessment Total $549,500 City of Schertz Participation Purchase Land Engineering 12% Surveying 3% Legal Services 80 hrs @ 400. $ 60,000 $ 60,840 $ 15,210 $ 32,000 THENCE with said curve to the right having a radius of 50.00 feet, a delta angle of870 08' 02", an arc length 006.04 fect (chord bears N 00029'03" W, 68.92 feet) to a point in the south right-of-way line ofInterstate Highway 35 for a comer of this tract; THENCE N 420 58' 00" E, 308.31 feet along the south right-of~way line of the Interstate Highway 35 to a point for a comer of this tract; City Share $168,050 Combined Total Project Cost $717,550 THENCE N 39008' 57" E, 88.58 feet along the south right-of-way line of the Interstate Highway 35 to the POINT OF OEGINNING and containing 47.35 acres ofIand. Note: Tbese field notes do not represent a boundary survey but are derived from recorded instruments for tbe sole purpose oftbe Pub6e Improvement District (P.J.D.). ssrcu IH- 3~/rH 3009 LOT4, BLOCk 1 VDL6, PG,382 S 60"23'58" w 24H 00' .~n.Ati.nA.~in.a la-a -,.~.... ....................... ----.... Should the project not be developed, the city will apply $168,050 to construct a raised center median as in accordance to TXDOT Standards. INTERSTATE HI G HW A Y 35 .r N 6334'20" r: I091J' N 51"48'53" E 723.35' McOONMDs.. 35LQT2, BLOCK 1 VOl. 5 PG.149,A. "'" <Yo 7/'>. ~, 00.0(:- DIAMOND SI-V.MROCK"35 lOT 1, BLOCK 1 V01.5, PG.12OA I i i I ~I ~. Company HEB 35 f F ,M. 3009 LOT 5, BLOCK 1 VOL-5, PG.343 ~ ~ 8 Schlotzskys Sonic Diamond Shamrock McDonalds Taco Cabana SSFCU Bill Millers RBFCU State Bank Corridor Properties Ltd. (Forrest Ridge Commercial).. Corridor Properties ltd. (Corridor Loop) HEB Ripps' "2'ItACII.' .-0.3 eN o o ~; ! I ! :? S tiO"23'Sr W 45659' Z N ~~ ~~ S 60"23'5R" W 443 41' SEGUIN STATE BANK SUBDIVISION NO.2 lOT 4, BLOCK' VOl, 5, PG. 2498 ~ FDR[ST RIDGE clllM:RCIAL LOT 6, BLOCK 1 <<4.969 ACRES) City 01 BC"'''' Ga......la.p. CO....ty. IJIeZ... ~ l. I -'I&JLIU Jl S 50~~3.7'~" W 96 City of Schertz Total Grand Total . Note: This figure now represents 35 acres of the 155.131 acres for the Ripps property. .. only includes property next to State Bank one acre = 43,560 SF 560023'56" w 20222' 9 S 60023'56" W 69,99' P1J1IIIJ:C IXPRO ".... .~II'I' DIIftIJUC'I' IJ.IItA.C'I' 3 . .~ftI =.::. ~~~S~~D~ ENG.INEE~~g__I~~__ -.... ENGINEERING SUR\'f.:YlNG PlANNING lII!JreDt 1092/ WrI: O"',vr, SUITE 104, SAN ANTONIO, TEXAS 76217, (21Q) 51X)--4777 .-'-~ -- - ,,~---.......~-_....~ l. '"""__....T--.- (.-....--... .................... '......~, ,. , ." EXHIBIT C 2001 Guadalupe County Appraisal Based on Total Square Footaae ala 21 Nay 02 Sq.Ft. 38,246 41,164 43,168 44,192 47,698 55,016 59,982 66,690 87,120 212,094 431.157 858,873 1,524,600 Assessment Total $549.500.00 SF Total 3,510,000 PIO Fair Share % $5,987 0.83% $6,444 0.90% $6,758 0.94% $6,918 0.96% $7,467 1.04% $8,613 1.20% $9,390 1.31% $10,441 1.46% $13,639 1.90% $33,204 4.63% $67,499 9.41% $134,459 18.74% $238,680 33.26% SF PIO Share Assess Total 0.15655 $549,500 $168.050 23.42% 717,550 100.00% 1- PUBLISHER'S ~FFIDA VIT, ~\\)~ '< d, ~~ ~J ) I THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared Mike Eddleman , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Managing Editor of The Seguin Gazette- Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper .L time(s) before the return day named therein, such publications being on the following dates: 4~ 91 ,;)003 and a newspaper copy of which is hereto attached. ~O>b~;;" ~- . ./ d subscribed before me this /Y'../!. day of ( AD., 2003. Notary Public, Guadalupe County, Texas .