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11-S-11 Randolph Commercial ParkORDINANCE NO. 11-5-11 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 10-5-11 BY REZONING APPROXIMATELY 23.7241 ACRES OF LAND FROM SINGLI; FAMILY RESIDENTIALIAGRICULTURE DISTRICT (RA) TO GENERAL BUSINESS DISTRICT {GB) 6.825 ACRES AND TO MANUFACTURING DISTRICT LIGHT (M-1)16.899 ACRES KNOWN AS RANDOLPH COMMERCIAL PARK GENERALLY LOCATED 12461 FEET EAST OF THE INTERSECTION OF LOWER SEGUIN ROAD AND LOOP 1604; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City of Schertz is requesting to rezone approximately 23.7241 acres of land described in the Exhibits "l, 2 and 3", attached hereto and incorporated herein by reference (hereinafter, the "Property"). WHEREAS, all required natives have been provided; WHEREAS, on April 27, 2011, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a change to General Business (GB) 6.825 acres and Manufacturing Light (M-1) 16.899 acres. WHEREAS; on May 10, 2011, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: SECTION I Sub}ect to Section III below, the Property is hereby zoned General Business (GB) as shown in Exhibits 1 and 2 and Manufacturing Light (M-1) Exhibits 1 and 3. SECTION II . The Official Zoning Map (Ordinance No. 10-5-11} of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Ordinance 11-S-11 Randolph Commercial Park SECTION III This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Sche~•tz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION IV The sections, paragraphs, sentences, clauses, and pleases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, coiporatian or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 10"' day of May, 2011. PASSED, APPROVED AND ADOPTED on final reading the 17"` day of May, 2011. l Mayor, ity of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (SEAL OF THE CITY} Ordinance 11-5-11 Randolph Commercial Park RANDOLPH COMMERCIAL PARK M-1 ZONING METES AND BOUNDS DESCRIPTION OF 16.899 ACRES BF~ING a 16.899 acre tract out of 23.724 acre tract of land called to be 23.722 acres being that same tract of land described in deed to HARDIiNOCKS COUNTERTOPS LLC as conveyed by the United States of America by Special Warranty Deed recorded in Volume 14688, Page 1829 of the Official Public Records of Real Property of Bexar County, Texas, out of the Richard Mockert Survey No. 316, Abstract No. 497, County Block 5064, City of Schertz, Bexar County, Texas, and being more particularly described as follows; COMMENCING at a one-half inch iron rod found for the southwest corner of a certain 21.980 acre tract conveyed to Betty L. Tate and recorded in Volume 7206, Page 434 of the of the Official Public Records of Real Property of Bexar County, Texas, and in the east line of said 23.724 acre tract; THENCE S 28°52'5"9 E, a distance of 4.03 feet to an iron rod set in the north line of a certain 54,162 acre tract of land conveyed to Meritage Homes of Texas, LLC, and recorded in Volume 14587 Page 1602 of the Official Public Records of Real Property of Bexar County, Texas; THENCE with the north line of the 54.162 acre tract of land and the north line of a 60 foot wide drainage easement as platted in Macarthur Park Section 2, recorded in Volume 9567, Page 186 of the Deed and Map Records of Bexar County, Texas and the south line hereof, N 74°3$'46" W, a distance of 1,549.94 feet to a point of intersection and hereof for the PLACE OF BEGINNING of the herein described ].6.899 acre tract; THENCE continuing along said north line, N 74°38'46" W, a distance of 29.99 feet to a one-half inch iron rod found with a cap stamped 'Sunbelt Survey', and the northeast corner of a 24.718 acre tract of land to MMP Properties L.L.C., described in deed recorded in Volume 11383, Page 2096 of the Official Public Records of Real Property of Bexar County, Texas; THENCE continuing with the south line hereof, N 74°36'55" W, a distance of 493.40 feet to a one-half inch iron rod set in the southeast right-of-way of Lower Seguin Road (60 feet wide right-of-ways; THENCE with the southeast right-of-way of Lower Seguin Road, N 59°28'16"E a distance of 1,245.22 feet to an iron nod set in the west line of said Tate 21.980 tract; THENCE with the west line of said Tate ~:ract the following; S 30° 46' 32" E, a distance of 217.80 feet to a one-half inch iron nod found by a fence corner; N 59° 13'24" E, a distance of 199.94 feet to a one-half inch iron nod found by a fence corner; S 30° 23' 58" E, a distance of 904.47 feet to a point of intersection; THENCE departing said west line o£ said Tate tract, S 59° 13' 28" W, a distance of 194.00 feet to a point of intersection; THENCE N 72° 24' 32" W, a distance of 50.52 feet to a point of intersection; Page 1 of 2 Exhibit 3 THENCE N 28° 02' 45" W, a distance of 74.83 feet to a paint o£ intersection; THENCE N 30° 46' 32" W, a distance of 150.00 feet to a point of intersection; THENCE S 59° 13' 28" W, a distance of 205.00 feet to a point of intersection; THENCE N 30° 46' 32" W, a distance of 208.00 feet to a point of intersection; THENCE S 59° 13' 28° W, a distance of 87.45 feet to a point of intersection; THENCE N 72° 22' 54" E, a distance of 277,68 feet to a point o£ intersection of a non-tangent curve; THENCE with anon-tangent curve to the 1aft, Radius of 100.00 feet, Arc Length. of 18.15 feet, Delta of 10° 24' 04, Chord Fearing of S 54° 16' 13" W, and Chord Length of 18.13 feet; THENCE S 59° 28' 16" W, a distance of 357.79 feet to the PLACE OF FEGINNING and containing 16,899 acres of land more or less. 4 ~,~PS~ ~ r~-rq~ ~ 3 '*.~ A~2T!lE2O CAM.4CHfl JR. i ~~.p'~. 9 ~ 71 ~ ; ~~~-~ ~I~~r' ~~~~t~ES~-~..,~yu,.~ RCN ~~r~ ~ ~_ Page 2 of 2 RANDOLPH COMMERCIAL PARK GB EONING METES AND BOUNDS DESCRIPTION OF 6.825 ACRES BEING a 6.825 acre tract out of 23..724 acre tract of land called to be 23.722 acres being that same tract of land described in deed to HARDKNOCKS COUNTERTOPS LLC as conveyed by the United States of America by Special Warranty Deed recorded in Volume 14688, Page 1829 of the Official Public Records of Real Property of Bexar County, Texas, out of the Richard Mockert Survey No. 316, Abstract No. 497, County Block 5064, City of Schertz, Bexar County, Texas, and being more particularly described as follows; BEGINNING at a one-half inch iron nod found for the southwest corner of a certain 21.980 acre tract conveyed to Betty L. Tate and recorded in Volume 7206, Page 434 of the of the Official Public Records of Real Property of Bexar County, Texas, and in the east line of said 23.724 acre tract and hereof for the PLACE OF BEGINNING hereof; THENCE S 28°52'5"9 E, a distance of 4.03 feet to an iron rod set in the north line of a certain 54.162 acre tract of land conveyed to Heritage Homes o£ Texas, LLC, and recorded in Volume 14587 Page 1602 of the Official Public Records of Real Property of Hexar County, Texas; THENCE with the north line of the 54.162 acre tract of land and the north line of a 60 foot wide drainage easement as platted in Macarthur Park Section 2, recorded in Volusae 9567, Page 186 of the Deed and Hag Records of Bexar County, Texas and the south line hereof, N 74°38'46" 4~T, a distance of 1,549.94 feet to a point of intersection; THENCE departing said north line, N 59° 28' 16" E, a distance of 357.79 feet to a point of tangency; THENCE with a curve to the left, Radius of 100.00 feet, Arc Length of 18.15 feet, Delta of 10° 24' 04, Chord Bearing of N 54° 16' 13" E, and Chord Length of 18.13 feet to a point o£ intersection; THENCE N 72° 22' 54" E, a distance of 277.68 feet to a point of intersection; THENCE N 59° 13' 28" E, a distance of 87.45 feet to a point of intersection; TiiENCE S 30° 46' 32" E, a distance of 208.00 feet to a point of intersection; THENCE N 59° 13' 28" E, a distance of 21.F5.00 feet to a point of intersection; THENCE S 30° 46' 32" E, a distance of 150.00 feet to a point of intersection; THENCE S 28° 02' 45" E, a distance of 79.83 feet to a point of intersection; THENCE S 72° 24' 32" E, a distance of 50.52 feet to a point of intersection; THENCE N 59° 13' 28" E, a distance of 194.00 feet to a point on the south west line of a certain 21.980 acre tract conveyed to Betty L. Tate and recorded in Volume 7206, Page 434 of the of the Official Public Records of Real Property of Bexar County, Texas, and in the east line of said 23.724 acre tract; gage ]. of 2 Exhibit 2