2003R11- SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT-(PID)
RESOLUTION NO. t7~-;(-;1;1
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS MAKING FINDINGS AS TO THE ADVISABILITY
OF THE CREATION OF THE SCHERTZ 1-35/3009 PUBLIC
IMPROVEMENT DISTRICT; AND CONSIDERATION OF OTHER
MATTERS IN CONNECTION WITH THE SCHERTZ 1-35/3009 PUBLIC
IMPROVEMENT DISTRICT
WHEREAS, the City of Schertz, Texas (the "City") has received from owners of the
property described in attached Exhibit A, except as noted in such Exhibit A, a petition (the
"Petition") filed with the City Secretary of the City that complies with the requirements of
Section 372.005 of Texas Local Government Code, as amended (the "Act"), and that requests the
City to create a public improvement district, which shall be designated the Schertz 1-35/3009
Public Improvement District (the "District"); and
WHEREAS, in connection with the creation of the District, the City will pay the costs to
make street improvements in the District from (i) its general fund and/or (ii) debt issued by the
City; and
WHEREAS, the purpose of the District is to provide a source of revenue to the City
through the imposition of special assessments upon the benefited property of all property owners
in the District (the "Property Owners") to reimburse the City to the extent provided herein and in
the Petition for costs the City incurs in making certain improvements in the District; and
WHEREAS, the Petition, a copy of which is attached hereto as Exhibit A, describes the
general nature of the proposed improvements (the "Project"); and
WHEREAS, the Petition indicates that the estimated cost of the Project is $717,550.00;
and
WHEREAS, the Petition describes the boundaries of the proposed District; and
WHEREAS, the Petition indicates that the method of assessment will be equally per
square foot in accordance with Section 372.015 of the Act; and
WHEREAS, the Petition indicates that (i) the City shall pay twenty-five percent (25%)
of the cost of the improvements, to the extent the total Project costs do not exceed $717,550, and
one-hundred percent (100%) of any Project costs in excess of$717,550.00; and
WHEREAS, the Petition indicates that the District will be managed by the City; and
WHEREAS, the Petition was signed by (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
20045661.2
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more than fifty percent (50%) of the area of all taxable real property that is liable for assessment
in the proposed District, all as described on Exhibit B; and
WHEREAS, the City believes it to be advisable to establish an advisory board for the
District composed of representatives of Property Owners which signed the Petition; and
WHEREAS, the Project will be an Authorized Improvement as defined in Section
372.003 of the Act; and
WHEREAS, notice of a public hearing to consider the advisability of the creation of the
District was published in a local newspaper of general circulation on May 15, 2003, which notice
contained the required information under Section 372.009 of the Act, including the time and
place of the hearing; the general nature of the proposed improvements; the estimated costs of the
proposed improvements; the boundaries of the District; the proposed method of assessment; and
the proposed apportionment of costs between the District and the City as a whole; and
WHEREAS, a notice of the public hearing to consider the advisability of creating the
District was mailed on May 16, 2003 (which date was at least 15 days before the hearing) to the
Property Owners at the current address of each property as reflected on the tax rolls, which
notice contained all of the required information under Section 372.009 of the Act, including the
time and place of the hearing; the general nature of the proposed improvements; the estimated
costs of the proposed improvements; the boundaries of the District; the proposed method of
assessment; and the proposed apportionment of cost between the District and the City as a
whole; and
WHEREAS the public hearing was held with all interested parties having been given the
opportunity to be heard; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
(1)
(2)
20045661.2
The City Council, having duly considered the Petition, hereby finds (a) the
Petition was submitted pursuant to, and meets the requirements of, Section
372.005 of the Act; (b) the Project and the improvements proposed in the Petition
are the same and constitute Authorized Improvements under Section 372.003 of
the Act; and (c) notice of the public hearing regarding the advisability and
creation of the District was published in a newspaper of general circulation and
was given to the Property Owners, all as required in Section 372.009 of the Act.
The City Council, having duly considered the Petition and the comments of those
who made presentations at the public hearing, hereby finds it is advisable to
establish a public improvement district pursuant to Chapter 372 of Act (a) to
make street improvements to the District as further described in Exhibit A; (b) in
which funds from the City's general fund and/or proceeds of debt issued by the
City will be utilized to improve the Project at an estimated cost of $717,550.00;
(c) having boundaries as shown on Exhibit A; (d) in which the costs of street
improvements to the District will be assessed equally per square foot; (e) in which
the City will pay twenty-five percent (25%) of the costs of the improvements, to
the extent the project does not exceed $717,550.00, and one-hundred percent
(100%) ofthe costs in excess of$717,550.00; and (f) that is governed by the City.
2
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(3) The City Council authorizes the City Manager to appoint members to the advisory
board in accordance with Section 372.008 of the Act.
(4) Although the City may issue debt to improve the Project, this Resolution shall not
create any obligation on the part of the City to issue debt or to otherwise improve
the Project or reimburse the Property Owners for any costs they may have
incurred relating to the Project. Such obligation shall only arise upon the
execution of appropriate loan documentation and the imposition of the
contemplated special assessment against the benefited property.
(5) This Resolution may be relied upon by the appropriate officials at the Office of
the Attorney General for the State of Texas, and establishes compliance by the
City with the requirements of Texas law.
(6) The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the City Council.
(7) All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the
extent of such conflict, and the provisions of this Resolution shall be and remain
controlling as to the matters resolved herein.
(8) This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
(9) If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall
nevertheless be valid, and the City Council hereby declares that this Resolution
would have been enacted without such invalid provision.
(10) It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting,
including this Resolution, was given, all as required by Chapter 551, as amended,
Texas Government Code.
(11) This Resolution shall take effect and be III full force immediately upon its
adoption.
20045661.2 3
PASSED, ADOPTED, and APPROVED this >~t~ day of
Attest:
~~
City Secretary
(City Seal)
20045661.2
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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,
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 of the 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
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8. Reauested 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
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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
646 South Main Street
San Antonio, Texas 78204
I GI355-0001-00500-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-1
.-...------..-T.-
BY: Corridor Properties Ltd.
By: Barshop & Oles Properties, Ltd.,
its General Partner
By: Barshop & Oles Company, Inc.,
its Genera~: \.1_
By: ~ I vrc.-.
Lewis F. Westerman,
Executive Vice President
Ar~'" f, """ )
Date of Signature
900 Isom 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: State Bank & Trust of Seguin
By:
Name: Joe H. Bruns
Title: President
Date of Signature
4917 FM 3009
Schertz, Texas 78154
1 G2945-2001-00400-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-2
BY: Corridor Properties Ltd.
By: Barshop & Oles Properties, Ltd.,
its General Partner
By: Barshop & Oles Company, Inc.,
its General Partner
By:
LewisF. Westerman,
Executive Vice President
Date of Signature
900 Isom Road, Suite 300
San Antonio, Texas 78216
2G0299-0000-00600-0-00 & 2GOI53-0000-09860-0-00
Guadalupe County Appraisal District
Account Numbers
BY:
4917 FM 3009
Schertz, Texas 78154
I G2945-200 1-00400-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-2
.......,.
BY: Randolph Brooks Federal Credit Union
By:
Name
Title:
W03
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
I G2099-300 1-00 I 00-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-3
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BY: Randolph Brooks Federal Credit Union
By:
Name: Jimmy 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. -b..-.r
,
2. -\,~-O>
Date of Signature
430 S. Santa Rosa
San Antonio, Texas 78217
1 G2099- 3001-00100-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-3
20043702.5
BY: CNL Funding 2001-1 LP
By:
Name:
Title:
Date of Signature
8918 Tesoro Drive, Suite 200
San Antonio, Texas 78217
1 G3206-0001-00300-0-00
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 G2057 -0001-00200-0-00
Guadalupe County Appraisal District
Account Number
S-4
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BY: Security Service\Federal Credit Union
By:r~~.~~
Name. ~. ~ ~
Title: ~ ~ be -
t eO 4..~
Date of Signature
16211 La Cantera Parkway
San Antonio, Texas 78256
2<J0153-0000-03665
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 <J0777 -0001-00100-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-5
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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, Jayrne A. and Janet S.
By:
Name:
Title:
Date of Signature
By:
Name:
Title:
Date of Signature
17604 IH-35N
Schertz, Texas 78154
1 G283 2-0001-00400-0-00
Guadalupe County Appraisal District
Account Number
20043702.5
S-6
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EXHIBIT A
20045661.2
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EXHIBIT A
District Boundaries
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CURVE TABLE
ADIU DELTA CHIlRD BEARING
:lO.OO 860:52'19' 68.~ N86.23'3O"E 0
29LOO 9"01'25' 45.78 S45"39'38'E
37O.l1O 104"10'00" 583.79 sur56'04"V
so.oo 87'35'41" 6921 N7:M7'42"V C:;,
so.oO 89"58'18. 70.69 SI5"22'41"V ~ C'"'.<:>
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C3 672.68
C4 76.44
C5 78.52
C6 790.76
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LOT 1, BLOCK 1
MILLER BROS
PARTNERSHIP NO 3
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December 06, 2002
Project: 1121.75 PID MAP
P .1.0. TRACT No. 1
Field notes describing a 4.30 acre tract ofland being derived from: Lot 3, Block 1, Taco
Cabana-FM 3009 at IH 35, recorded in Volume 5, Page 391-B, Plat Records, Guadalupe
County, Texas; Lot 1, Block 1, Miller Bros. Partnership No.3, recorded in Volume 5,
Page 211-A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, SchIotzsky's Deli I
FM 3009 at IH 35, recorded in Volume 6, Page 60, Plat Records, Guadalupe County,
Texas; and Lot 5, Block 1, 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 ofthis tract and said Lot 3, Block 1;
THENCE N 290 36' 00" W, 202.88 feet along the northeast right-of-way line ofFM
3009 to a flare corner of this tract and said Lot 1, Block 1;
THENCE N 01034' 40" W, 186.47 feet along the flare to a point in the south right-of-
way line ofInterstate Highway 35 for a comer of this tract and said Lot 1, Block 1;
THENCE N 43003' 28" E, 115.00 feet along the south right-of-way line ofInterstate
Highway 35 to an angle point of this tract and said Lot 1, Block 1;
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 1, 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 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
ofthis tract;
THENCE continuing along the west right-of-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 of 45.83 feet (chord bears S 45039'38" E, 45.78 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 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
corner of this tract;
THENCE S 630 01' 06" W, 47.92 feet continuing along the west right-of-way line of
Corridor Loop Road to a point at the P.e. return and curve to the right;
------..-.-.-..---.....--......r.--.--.-
THENCE with said curve to the right having a radius of 50. 00 feet, a delta angle of870
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. ).
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35ACRESOUTOFA 160ACRE
TRACT RECORDED IN VOL 262.
PG 169
CURVE LENGTH
C1 75.81
Cl! 4:J.83
C3 67l!.68
C4 76.44
C:5 7&.:52
C6 790.76
C7 ~4O
C8 76.0.4
C9 3l!.69
CURVE TABLE
ADIU DELTA CHORD BEARING
50.00 B6"5l!'I9" 68.75 N86.l!3'3ll'E
ecn.oo 9'Ol'l!5' 45.78 S4S.39'38'E
370.00 104"10'00" ~3.79 $10"56'04'\1
50.00 87"35'41' 6921 N73"17'4l!'V
50.00 89-:58'l8' 70.69 $1:5'22"41'\1
430.00 10:5"21'57' 683.9:5 N07"42"37'"E
391.00 00.7'29" 5.40 N.4"34'36'\1
50.00 87"08'02" 68.9l! NOO"l!9'03'\1
184.00 10"10'46' 32.6:5 s:5:5'I8.33'\(
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ENGINEERING SURVEYING. PLANNING
10927 WYE DRIVE, SUITE 10., SAN ANTONIO, TEXAS 78217, (210) 590-.777
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December 06, 2002
Project: 1121.75 PID MAP
P .I.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 tractofJand conveyed to Evelyn Kramme Ripps, recorded in Volume 292,
Page 169, Deed Records, Guadalupe County, Texas; Lot 2, Block 1, Randolph-Brooks /
FM 3Q09, recorded in Volume 5, Page 344A, Plat Records, Guadalupe County, Texas;
and the remainder of a 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 ofInterstate 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 of this tract in the north line
of the 35 acre tract;
THENCE N 60004' 02" E, 548.28 feet along the north line ofthe 160 acre tract to a
point for a comer of this tract;
THENCE N 800 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of
this tract;
THENCE S 100 29' 45" W, 1113.67 feet to a point for a corner ofthis tract;
THENCE S 520 57' 13" W, 592.47 feet to a point in the east right-of-way ofFM 3009
for a corner of this tract;
THENCE N 290 36' 00" W, 1613.45 feet along the east right-of-way line ofFM 3009 to
a point for a corner ofthis 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 of78.52
feet (chord bears N 15022'41" E, 70.69 feet) to a point for a comer of this tract;
THENCE N 60023' 33" 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;
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 105021' 57", an arc
length of 790.76 feet (chord bears N 07042'37" E, 683.95 feet) to a point of reverse
curvature ofa curve to the right and a comer of this tract;
--'-.'
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 of50.00 feet, a d~lta angle of870
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 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;
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 ofland.
Note: These fieldnotes do not represent a boundary survey but are derived from
recorded instruments for the sole purpose of the Public Improvement District
(PoIoDo)o
2
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CURVE LENGTH RADIUS DELTA CI-tJRD BEARING cq
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C1 ~ ~ 86"2'19" 68,~ N86'23'30"E 0)
C2 45.83 e9t.OO 9"01'l!:J' 45.78 S4:5"39'38"E c5 FOREST RIDGE
~ COMMERCIAL
C3 672.68 370.00 104'10'l10'' :583.79 $1lt:56'04'"\1
C4 76.44 :5C)./iii 8r3:J'41' 6~.et N73"17'42'"\I ~ LOT 6, BLOCK 1
C5 78.52 50.00 ~8" 70.6~ $15"22'41'"\1 0) (4,869 ACRES)
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C6 790.76 43O.l1O 10:5'21'57" 683.95 N07'42'37"[ OJ
C7 5.40 391.00 0"47'29" 5.40 ""''34'36'"\1 ex,
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C9 32.69 184,00 10"10'46" 32.65 S""18'33"'"
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FORD ENGINEERING INC.
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ENGINEERING SURVEYING. PlANNING
10927 W'IE DRIVE. SUITE 1D4. SAN ANTONIO. TEXAS 78217, (210) 590-47n
M..,..,........,..,."._=---=,.....~___~~_-.....-................_..........~....'~,,_...........-..._..._.....~,.....&"'...~.~~~-..........~____~....._"""/".
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December 06, 2002
Project: 1121.75 PID MAP
P .1.0. TRACT No.3
Field notes describing a 30.14 acres tract ofJand 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 1, 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, Plat 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 corner of this tract;
THENCE N 63034' 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 corner of this
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 corner of this tract being a corner of said Forest Ridge Commercial
Subdivision;
THENCE S 600 23' 56" W, 69.99 feet to a point for a corner 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 corner of this tract;
THENCE S 500 13' 11" W, 96.78 feet to a point for a corner ofthis tract;
THENCE S 600 23' 56" W, 202.22 feet to a point for a corner of this tract;
THENCE N 29036' 04" W, 698.89 feet to a point for a corner of this 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;
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 corner 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 60023' 58" W, 248.00 feet to a point for a corner of this tract at the SQuth
corner of said SSFU IH-35/FM 3009 Subdivision;
THENCE N 290 36' 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 (rom
recorded instruments (or the sole purpose o( the Public Improvement District
(p.I.D.).
20043702.5
....----,-...
EXHIBIT B
Initial Project
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 F~ Randolph Brooks FCU, HEB and State Bank & Trust
(see PID 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.
- I
EXIllBIT C
2001 Guadalupe County Appraisal
20043702.5
C-l
--r
Company
Schlotzskys
Sonic
Diamond Shamrock
McDonalds
Taco Cabana
SSFCU
'BiII 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 Square Footaae
ala 21 Nav 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
. I
SF
Assess
0.15655
PIC 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%
PIO Share
Total
$549,500
$168,050
717,550
23.42%
100.00%
EXHIBIT B
Appraised Signed PID
Property Owner Value ($) Sq. Ft. Petition
Brazos De Santos Partners Ltd (Bill Miller's) 923,733 59,982 Yes
Brazos River Leasing LP (Diamond Shamrock) 719,561 43,168 No response
CNL Funding 2001-1 LP (Taco Cabana) 627,908 47,698 No
Corridor Properties Ltd. 1,043,923 643,251 Yes
HEB Grocery Co., L.P. 4,761,871 858,873 Yes
McDonald's of Hawaii Development Co. 638,354 44,192 No response
(McDonald's)
Randolph Brooks Federal Credit Union 943,123 66,690 Yes
Evelyn Kramme Ripps 698,089 1,524,600 No response
Security Services Federal Credit Union 385,612 55,016 Yes
Sonic Development of Central Texas (Sonic) 611,908 41,164 Yes
State Bank & Trust of Seguin 1,624,765 87,120 Yes
Tavernier, Jayme A. and Janet S. (Schlotzsky's) 602,385 38,246 No response
Total 13,581,232 3,510,000
The petition will be effective when it is
1. signed by owners of $6,790,617 in value ($6,790,617 of$13,581,232 required); and
2. a. signed by at least seven (7) property owners (7 of 12 required), or
b. signed by owners of at least 1,755,001 square feet (1,755,001 of3,510,000 required)
The petition has been signed by
1. owners of $10,294,935 in value (which represents 75.8% of the appraised value of
taxable real property liable for assessment in the proposed District); and
2. a. seven (7) property owners (which represents 58.3% ofthe record owners of property
that are liable for assessment in the proposed District), and
b. owners of 1,812,096 square feet (which represents 51.6% ofthe area of all taxable real
property that is liable for assessment in the proposed District)
The petition is approved.
20045661.2
C-l
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