12-R-43 Easement Agreement with Schertz Funeral Home, Inc.RESOLUTION NO. 12-R-43
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A UTILITY EASEMENT
AGREEMENT WITH SCHERTZ FUNERAL HOME, INC. A TEXAS
CORPORATION AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into a Utility Easement Agreement with Schertz Funeral Home, Inc. a Texas
Corporation relating to a water and sewer utility easement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Schertz Funeral Home, Inc. a Texas Corporation pursuant to the Utility Easement
Agreement attached hereto as Exhibit A (the "Agreement").
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Schertz Funeral Home, Inc. a Texas Corporation in substantially the
form set forth on Exhibit A.
Section 2. 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.
Section 3. All 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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.
Section 6. 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, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 22nd day of May, 2012,
CITY OF $CIIERTZ, TEXAS
Mayor
ATTEST:
,c~4,
City Secretary
(CITY SEAL)
EXHIBIT A
UTILITY EASEMENT AGREEMENT
50428336.1 A-1
AFTER RECORDING RETURN TO:
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
Attention: Katherine A. Tapley
UT I L I T Y EA SE M E N T A ~R E E ME N T
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF GUADALUPE §
GRANTOR: Schertz Funeral Home, Inc., a Texas corporation
Mailing Address:
Kimberly Nester-Atiee
2217 Roy Richard Drive
Schertz, Texas 78154
Guadalupe County
GRANTEE: City of Schertz, Texas
Mailing Address:
John Kessel
1400 Schertz Parkway
Schertz, Texas 78154
Guadalupe County
EASEMENT PROPERTY:
That tract of land consisting of approximately 0.514 acres, more or less, located in Guadalupe
County, Texas, and more particularly described on Exhibit A attached hereto and incorporated
herein for all purposes.
EASEMENT PURPOSE: For constructing, operating, maintaining, repairing, and replacing sewer,
UTILTTY EASEMENT AGREEMENT PAGE 1
50514285.3
water, wastewater, drainage, electric, telephone, cable, and any other utility infrashucture and
related facilities and improvements, together with the right of access, ingress, and egress for such
purposes.
CONSIDERATION: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor.
RESERVATIONS FROM CONVEYANCE: NOrie.
EXCEPTIONS TO WARRANTY: NOrie.
GRANT of EASEMENT: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants-and conveys to Grantee and Grantee's heirs,
successors, and assigns an easement in, over, on, beneath, and across the Easement Property for
the Easement Purpose, together with all and singular the rYghts and appurtenances thereto in any
way belonging (collectively, the "Easement"), TO HAVE AND TO HOLD the Easement to
Grantee and Grantee's heirs, successors, and assigns. Grantor binds Grantor and Grantor's heirs,
successors, and assigns to WARRANT and FOREVER DEFEND all and singular the said
Easement unto Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming m• to claim the Easement or any part thereof, except as to the
Reservations from Conveyance and Exceptions to Wan~anty, to the extent that such claim arises
by, through, or under Grantor but not otherwise.
TERMS ANn CONDITIONS: The following terms and conditions apply to the Easement granted by
this agreement:
1. Character of Easement The Easement shall run with the land. The Easement is
nonexclusive and in~evocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and assigns (as applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs,
successors, and assigns the right to continue to use and enjoy the surface of the Easement
Property for all purposes that do not interfere with or interrupt the use or enjoyment of the
Easement by Holder for the Easement Purpose. Grantor reserves for Grantor and Grantor's heirs,
successors, and assigns the right to use all or part of the Easement in conjunction with Holder
UTILTTY EASE\IENT AGREEMENT PAGE 2
50514285.3
and the right to convey to others the right to use all or part of the Easement in conjunction with
Holder, as long as such further conveyance is subject to the terms of this agreement and does not
interfere with the rights granted to Grantee, Grantee's heirs, successors, and assigns, hereunder.
4. Secondmy Easement. Holder has the right (the "Secondary Easement") to use as
much of the surface of the property that is adjacent to the Easement Property ("Adjacent
Property") as may be reasonably necessary to carry out the Easement Purpose within the
Easement Property. However, Holder must promptly restore the Adjacent Property to its
previous physical condition if changed by use of the rights granted by this Secondary Easement.
5. Equitable Rights ofEnforcernent. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable halm, and will be obtainable only by the parties to or those benefited by
this agreement; provided, however, that the act of obtaining an injunction or restraining order
will not be deemed to be an election of remedies or a waiver of any other rights or remedies
available at law or inequity.
6. Attorneys' Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in any litigation or cause of action is entitled to recover reasonable attorneys'
fees and court and other costs.
7. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
8. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice-of--law rules of any jurisdiction to the contrary. Venue is in the
county in which the Easement Property is located.
9. Counterparts. This agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All counterparts
will be construed together and will constitute one and the same instrument.
10. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting
party fails to declare immediately a default or delays in taking any action. Pursuit of any
remedies set forth in this agreement does not preclude pursuit of other remedies in this
agreement or provided by law or in equity.
U'r1LITY EASEMENT AGREE\niNT PAGE 3
SOSId285.3
11. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or
appropriate to perform the terms, provisions, and conditions of this agreement and all
transactions contemplated by this agreement.
12. Indemnity. To the extent permitted by law, each party agrees to indemnify,
defend, and hold harmless the other party from any loss, attorneys' fees, expenses, or claims
attributable to breach or default of any provision of this agreement by the indemnifying party.
13. Entire Agreement; Exhibits. This agreement and any exhibits constitute the entire
agreement of the parties concerning the grant of the Easement by Grantor to Grantee. There are
no representations, agreements, warranties, or promises, written or oral, that are not in this
agreement and any exhibits. The exhibits are incorporated herein as matters of contract and not
mere exhibits.
14. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the unenforceability will not affect any other provision hereof, and this agreement
will be construed as if the unenforceable provision had never been a part of the agreement.
Whenever context requires, the singular will include the plural and neuter include the masculine
or feminine gender, and vice versa. ?,rticle and section headings in this agreement are for
reference only and are not intended to restrict or define the text of any section. This agreement
will not be conshued more or less favorably between the parties by reason of authorship or origin
of language.
15. Notices. Any notice required or permitted under this agreement must be in
writing. Any notice required by this agreement will be deemed to be delivered (whether actually
received or not) tluee business days after being properly deposited with the United States Postal
Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this agreement, as the same may be changed from time to time
in accordance with the provisions of this agreement. Notice may also be given by regular mail,
personal delivery, courier delivery, facsimile transmission, or other commercially reasonable
means and will be effective when achially received. Any address for notice may be changed by
written notice delivered as provided herein.
16. Recitals. Any recitals in this agreement are represented by the parties to be
UTILTTY EASEMENT AGREEMENT PAGE 4
50514285.3
accurate, and constitute a part of the substantive agreement.
17. Time. Time is of the essence with respect to the provisions of this agreement.
18. Relationship of the Parties. Nothing contained in this agreement shall be deemed
or construed, either by the parties or by any third party, to create the relationship of principal and
agent or any partnership, joint venture, or other association between the parties.
19. No Termination fw• Breach. No breach hereunder shall entitle either party, or its
successors or assigns, to cancel, rescind, or otherwise terminate this agreement, but such
limitation shall not affect, in any manner, any other rights or remedies, which a party, or its
successors or assigns, may have hereunder by reason of a breach of this agreement. The
easements, covenants, and conditions hereof shall be binding upon and effective against any
party, or its successors or assigns, whose title thereto is acquired by foreclosure, hustee's sale, or
otherwise.
20. No Disturbance; Removal of Obstructions. Neither the Grantor nor any successor
owner of the Easement Property shall disconnect, disturb, or otherwise interfere with the
continued use of the Easement, nor shall any such persons erect or permit the erection of any
buildings, slabs, structures, or other improvement within the boundaries of the Easement
Property, or which would otherwise interfere with the continued use and maintenance of the
Easement for the Easement Purpose. With respect to any buildings, slabs, structures, or other
improvements encroaching on the Easement Property as of the date of this agreement, the
Grantee shall have the right to remove such building, slab, structure, or improvement to allow for•
the use of the Easement for the Easement Purpose.
21. Exercise of Easement Rights. The Grantee may exercise its rights hereunder
directly by its employees, contractors, or subcontractors, or by any duly authorized agent.
22. Maintenance. The Grantor shall have no obligation to maintain any
improvements related to the Easement Purpose that are conshucted within the Easement
Property.
[Signatures and acknowledgments on the following pages J
UTILITY Er1sE\IEN1' AGREEhIENT PAGE 5
50514285.3
SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT
EXECUTED as of the dates of the acknowledgments to be effective as of the date of the final
acknowledgement.
GRANTOR:
ScherKz Funeral Home, Inc.,
a Texas corporation
Bv:
Name: Kimberly Nester-Atiee,
Title:
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on , 2012, by
Kimberly Nester-Atiee, the of Schertz Funeral Home, Inc., a Texas
corporation, on behalf of said corporation.
Notary Public, State of Texas
(Signatures and acknowledgments continue on the following pages]
UTILrrl' EASEMENr AGREEMENT
50514285.3
SIGNATURE PAGE TO UTILITY EASEMENT AGREEMENT
GRANTEE:
City of Schertz, Texas,
a Texas municipal corporation
By:
John C. Kessel, City Manager
STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on , 2012, by
John C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on
behalf of said City.
Notary Public, State of Texas
UTILITY E.4SEYiE\T e1GREE\lENT $_2
50514285.3
Exhibit A
Legal Description of the Easement Property
[See the following four pages J
U'1'1L1'1'Y EASEYIE\T AGREE\fENT ExFIIRIT A, PAGE 1
5051-0285.3
C®5 r~~r~v
ENGINEERS SURVEYORS
FIELD NOTES FOR
0.514 ACRES
BEING a 0.514 acre tract of land located in City of Schertz,
Guadalupe County, Texas, and being a portion of Lot 1 Block 1
Friesenhahn Centre (FC), a subdivision of record in Vol. 5, Pg.
358-B of the Plat Records of Guadalupe County, Texas, said 0.514
acre tract being more particularly described by metes and bounds
as follows:
BEGINNING at a calculated point in the southwest line of said
Lot 1 FC, same being the northeast line of Lot 1 Block 1 Good
Shepherd Catholic Church Subdivision (GSCCS), a subdivision of
record in Vol, 6, Pg. 285 of said Plat Records, for the
westernmost, south corner hereof, and from which a 1/2 inch iron
rod with plastic cap stamped "CDS/Muery-SA, TX" found in the
northwest line of Live Oak Blvd. (60' R.O.W.) for the common
south corner of said Lot 1 FC and said Lot 1 GSCCS, bears
S30°23'22"E, a distance of 416.80 feet;
THENCE, N30°23'22"W, along the southwest line of said
Lot 1 FC, same being the northeast line of said Lot 1 GSCCS, a
distance of 25.01 feet to a calculated point for the south
corner of that tract described to Henry M. Gutierez, Jr., et al
of record in Vol. 1462, Pg. 135 of the Deed Records of Guadalupe
County, Texas, same being the westernmost corner of said
Lot 1 FC and hereof;
THENCE, N58°01'29"E, leaving the northeast line of said
Lot 1 GSCCS, along the southeast line of said Gutierez tract,
same being the northwest line of said Lot 1 FC, a distance of
499.50 feet to a calculated point for the northernmost corner
hereof, and from which a calculated point in the southwest line
of F.M. 3009 (R.O.W. varies) for the east corner of said
Gutierez tract, same being the north corner of said Lot 1 FC
bears N58°01'29"E, a distance of 89,64 feet;
Page I of 3
DRAIN-PERM-REV.docx
Ma 02, 2012
7411 glc Drive San Ant°nb, Texas 7@229 Phone: (210) 581-1111 T@PE No. F-1733 T@PLS N°. 100495•
UTILITY EASEMENT AGREE\IENT E%IIIRIT A, PAGE 2
50514285.3
C®5 ~~
ENGINEERS SURVEYORS
THENCE, leaving the southeast line of said Gutierez tract, over
and across said Lot 1 FC, the following three (3) courses and
distances:
1. 551°33'05"E, a distance of 152'.95 feet to a calculated
point for an angle point hereof;
2. SS1°33'05"E, a distance of 30.00 feet to a calculated point
fox an angle point hereof;
3. S51°33'05"E, a distance of 47.12 feet to a calculated point
in the southwest line of F.M. 3009, same being the
northeast line of said Lot 1 FC, for the easternmost,
northeast corner hereof;
THENCE, along the southwest line of F.M. 3009, same being the
northeast line of said Lot 1 FC, the following tour (4) courses
and distances:
1. 532°02'23"E, a distance of 3.79 feet to a calculated point
for an angle point hereof;
2. S26°43'04"E, a distance of 23,35 Eeet to a calculated point
for an angle point hereof;
3. S22°16'41"E, a distance of 59.16 feet to a calculated point
for an angle point hereof;
4, S14°09.'27"E, a distance of 24.65 feet to a calculated poirrt
for the easternmost, southeast corner hereof;
THENCE, leaving the southwest line of F.M. 3009, over and across
said Lot 1 FC, the following four (4) courses and distances:
1. N51°33'OS"W, a distance of 141.98 feet to a calculated
point for an angle point hereof;
2. N21°33'05"W, a distance of 30.00 feet to a calculated point
for an angle point hereof;
Page 2 of 3
DRAIN-PERM-R&V.docx
May D2, 2012
341 I Magic Drive San Antonio, Texas 78229 Phone: (ZIO) 581-III I TBPE No. F-17U TBPLS No. 10049500
UTILITY EASE\fEN1' AGREE\ll3NT E%iiIBIT A, PAGE 3
50514285.3
~~5 ~~
ENGIN CERS SURVEYORS
3, N51°33'05"W, a distance of 136.88 feet to a calculated
point for.an angle point hereof;
4. 558°01'29"W, ,a distance of 482.55 Eeet to the POINT OF
BEGINNING, containing an area of 0.514 acres of land, more
or less, within these metes and bounds.
The bearing basis for this survey is Grid North, Texas State Plane
Coordinate System, South Central Zone, NAD 1983(93).
I, Paul T. Ross, a Registered Professional Land Surveyor, do hereby
certify that the above field notes and the drawing which accompanies
it were prepared using information obtained by an on-the-ground survey
made under my direction and supervision.
//~%G- ~ 4Z ~,R- y / Z-
Paul T. Ross Date
Registered Professional Land Surveyor
Texas Registration No. 5158
Page 3 of 3
DRAIN-PERM-REVdocx
May 02, 2012
3 I I Magic Drive San Antonia, Tov,. 78229 Phonc (210) 5a i- I I t I • TePE Na F-1733 TePtS No. 100995-~
UTTLITY EASEb[ENT AGREEil1ENT EYHIBTT A, PAGE 4
50514285.3
VICINITY MAP
CITY OF SCHERTZ
GUADALUPE COUNTY. TEAS
N.T.S.
NL~~
N~
~~
~N
L00 50 0 (00
75 25
NENRY M. CUREREZ, ,~., el al
VOL. 1462, PC. I35
N58'O7'29"E 499.50'
0.514 ACRES
P_O.B_ _ _ _ $58'01'29"W _482.55'
--~ ----,
LOT ! BCOCK 1
FRIESENNANN GEN7Rf
b VOL. 5, PG 358-8
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LINE TABLE
N0. BEARING DISTANCE
LI 551'33'05"E 152.95'
L2 $81'33'05"E 30.00'
L3 551'33'05"E 47.12'
L4 532'02'2)"E 3.79'
l5 526'43'04"E 23.35'
L6 522'16'41°E 59.56'
L7 514'04'27"E 24.65'
LB N21'33'05'W 30.00'
L9 N51'33'05"W 138.88'
LNE OAK BLVD.
(80' R.O.W.)
N58'Ot'29"E
89.64'
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LEGEND NOTES ~
• 1/2" IRON ROD W/PLASTIC CAP 1. BEARINGS SHOWN HEREON ARE BASED ON TEAS STATE
STAMPED "CDS/MUERY-SA,TX" FOUND PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAO 83(93).
(UNLE55 NOTED) 2. DISTANCES SHOWN HEREON ARE SURFACE VALUES
O CALCULATED POINT OF STATE PLANE COORDINATES WITH A COMBINED SCALE FACTOR
(NO MONUMENT SET) OF 1.00017, (SURFACE = CRIO x 1.00017)
3. FIELD NOTE DESCRIPTION "DRAINAGE-PERM-REV.DOC%" WAS
P.0.8. POINT OF BEGINNING PREPARED TO ACCOMPANY THIS DRAWING.
THIS PUT OF SURVEY IS R/SEO ON AN ACTUAL SIRNEY
,~pl~~~,f SuPE1M510N AS ROF THE DATE INMCATEDTBEL0IY.D
CDS mu~rY s~`G*qf~' ~
. PAUL T. ROSS, //~/~//~yJ~~~,~~~
ENGINEERS SURVEYORS $IS"~P: ~SiA`~~/~~~Oi A97A' /Z
4M1'p'i~ P L T. ROSS, RPLS DATE
p1AwIN0 NAVf: F:\IIOQ.D.DI\ORAINAGE-ESki-REV.OWO TEXAS EREGISTMUDR R0~31 8D SVRVEYOR
UTILTTY EASEAIEYT AGREE\IENT E.l'IIIBIT A, PAGE S
50514285.3
SCHERTZ CITY COUNCIL
REGULAR SESSION
MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
The City Council may, for its convenience or for the convenience of City Staff or persons in
attendance, modify the order in which items on the agenda are considered by the City
Council.
Executive Session - 5:30 u.m.
Called under Section 551.071 Texas Gove~
contemplated litigation; Section 551.072 Tez
regarding the purchase, exchange, sale, leasec
Section 551.074 Deliberation regarding 'perso
officials and employees, and personnel and the
reassignment, duties, discipline, or dismissal of
Texas Government Code - Deliberation
Negotiations.
Texas.
City Events
• Announcements of upc
Bierschwale/B. James)
Worksession Items
Code Litigation, pending or
~rnment Code - Deliberation
~f real property, or real estate,
ttexs, duties of certain public
net, employment, evaluation,
Manager, and Section 551.087
ing Economic Development
Events by Executive Directors (D. Hanis/J.
• Discussion regarding proposed Charter Amendment changes. (J. Kesse]/K. Tapley)
Hearine of Residents
This time is set aside fw• any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes. Discussion by the Council of any item not on the agenda shall be
limited to statements of specific factual information given in response to any inquiry, a
recitation of ecisting policy in response to an inquiry, and/or a proposal to place the item on
OS-22-2012 Council Agenda
a future agenda. The presiding offrcer, daring the Hearing of Residents portion of the
agenda, will call on those persons who have signed up to speak in the order they have
registered.
Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor Pro-Tem or a
Councilmember.
1. Minutes -Consideration and/or action regarding theappro~al of the minutes of the
Regular Meeting of May 22, 2012. (J. Kesse]/B. Dennis),
2. Resolution No. 12-R-_ -Consideration and/or action =approving a Resolution
appointing George Antuna to the Lone Star Rail Dishict Bode filling the vacancy
of Mayor Hal Baldwin. (J. Kessel/Council) __,_
3. Resolution No. 12-R-_ -Consideration and/or action approving° a Resolution
authorizing the City Manager to approving a contract with for the new
Playscape. (J. Kessel/P. Gau~~e,~n)
3'= ~ ~,:.
4. Resolution No. 12-R-_ - Constdetalion and/or action approving a Resolution
regarding the reappointments of=membexs=i%~_the Tax Reinvestment Zone Number
Two - Sedona Development Prolec~ (TIRZ II) (7: KesseUCouncil)
Executive Session
Called under Section 551.071 Texas Gove"rnment Code Litigation, pending or
contem~Iated_ Ij}igation; Section 551.072 Texas Government Code - Deliberation
regardi)g the purchase, exchange, sale, lease, or value of real property, or real estate,
Section 551.074 Dehb~Yation regarding personnel matters, duties of certain public
officrals=pnd employees, and personnel and the appointment, employment, evaluation,
reassignbient, dunes, drsci~line, or dismissal of the City Manager, and Section 551.087
Texas Government Code - Deliberation regarding Economic Development
Negotiations - .- r
5. Take any action deemed necessary as a result of the Executive Session.
Requests and Announcements
6. Requests by Mayor Pro-Tem and Councilmembers that items be placed on a future
City Council agenda.
7. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for
information.
OS-22-2012 City Council Agenda Page - 2 -
8. Announcements by Mayor Pro-Tem and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee
• New Departmental initiatives
Adiournment
I, BRENDA DENNIS, CITY SECRETARY OF THE'=GI=TY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS~PI3EPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 18"'=`Dt1Y OF MAY 2012 AT 2:00
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO TFIB PUBLIC AT ALL TIMES
AND THAT SAID NO`PXG~-„WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CnDF.
grewdcl Deww~s
renda Dennis, TRMC, MMC City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITX==COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD%~~ON DAY OF 2012.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210
619-1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Manor Baldwin Manor Pro-Tem Scaeliola - Council Place 2
Interview Board for Boards and Commissions Animal Control Advisory Committee
Investment Advisory Committee Interview Board for Boards and Commissions
ASA Commuter Rail District Board -Lone Star Sweetheart Advisory Committee
Alamo Area Council of Governments
Cibolo Valley Local Government Corporation
OS-22-2012 City Council Agenda Page - 3 -
Schertz Seguin Local Government Corporation
Councilmember Fowler -Place 1 Councilmember Antuna -Place 3
Interview Board for Boards and Commissions Audit Committee
Schertz Housing Board Liaison
Councilmember Edwards -Place 4 Councilmember Caraenter -Place 5
Investment Advisory Committee TIRZ II Board
Audit Committee Hal Baldwin Scholarship Committee
Hal Baldwin Scholarship Committee
OS-22-2012 City Commcff Agenda Page - 4 -
SS \l..~l J~~L~~\~~/L~ ~ OP vORTU n
SCHERTZ PLANNING & ZONING COMMISSION
MUNICIPAL COMPLEX COUNCIL CHAMBERS
1. CALL TO ORDER /ROLL CALL
2. SEAT ALTERNATE TO ACT IF REQUIItED
3. HEARING OF RESIDENTS
This lime is se/ aside far any person who wishes to address the Planning and Zoning Commission. Ench person should fill out the Speaker's
register prior to Ibe meeting. Presenm(ions shadd be limited to no nmre Ihmr d~ree (3) miruues. Dismission by the Commission of any item
not on /he ngeuda shat! be /imi(ed io s(alemenls of specific fnclua! infornm/ion given in response to any inquiry, a recilnlion of existing
policy in response to on inquiry, and/a~ a proposal to plnce the item on a fuime ngendn. The presiding a~cer, during 1/re Hearing of
Residents pavion of (he agenda, will call orr those persars who have signed np 1o speak in the order They have regislm~ed.
4. CONSENT AGENDA:
A. Minutes for Apri125, 2012.
B. Minutes for May 9, 2012.
5. PUBLIC REARING:
The Planning and Zoning Commission will hold a public hearing related to mne chnnge requests and replals within this agenda. The public
!rearing will be opwied 1o receive n report from sluff, I/re applicant, dm ndjoiningproperty owners nfjecled by the applicant's request, and
nny other inler•esled persars. Upon comple(ion, the public hearing will be closed. 77v¢ Commission will discuss mrd consida• the
npplicaliar, and may regaest additional injormalion from staff or hie applicant, if required After deliberation, the Commission is asked to
considm• and act upon the following requests and nmke a recourmmrdaliou to the City Council ifnecessmy.
A. ZC2012-003
Hold a public hearing, consider and act upon a request to rezone approximately 0.974 acres of
land from Predevelopment District (PRE) to General Business District (GB). The property is more
specifically described as a portion of Lot 1 of the WML Subdivision, City of Schertz, Comal
County, Texas, generally located on southbound IH 35 between Engel Road and Eckhardt Road.
B. ZC2012-002
Hold a public hearing, consider and act upon a request to amend the Sedona Trails Planned
Development Dish~ict (PDD) zoning, a mixed use development, consisting of approximately
504.56 acres. The property is more specifically described as a portion of the Julian Diaz Survey
No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80,
Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79,
Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located
west of FM 1518 at Lower Seguin Road.
Planuurg & Zortirg Map 23, 2012 Page 1 or 2
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
6. REQUESTS AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
B. Requests by Commissioners to Staff for information.
C. Announcements by Commissioners.
• City and community events attended and to be attended
• Continuing education events attended and to be attended
D. Announcements by City Staff.
• Ciry and community events attended and to be attended.
• NEW SITE PLAN APPLICATIONS: There were no site plans submitted to the
Planning and Zoning Division between May 4, 2012 and May 18, 2012.
ADJOURNMENT OF THE REGULAR MEETING
I, Lesa Wood, Plauuer I, of the City of Schertz, Texas, do hereby certify Orat the above agenda was posted on the official bulletin
boards on this the 18th day of iviay, 2012 at 10_30 a.m., which is a place readily accessible to the public at all times and that said
notice was posted in accordauce with chapter 551, Texas Government Code.
Leta. Woo~L
Lesa Wood, Planner I
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was
removed from the official balletin board on _day of , 2012.
This facility is accessible in accordmrce with the Americans with Disnbllilies Act. Handicapped parking spaces are nvailnble. /f you
require special assislmrce or have a request for sign interpretative services w• other services please call 619-1030 al least 24 hours in
adrnnce of meeting.
Plaartirg & Zortin$ Page 2 ok 2
May 23, 2012