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17-S-09 - Rezone approx 63 acres of land to public use districtORDINANCE NO. 17 -S -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 63 ACRES OF LAND TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to zone approximately 63 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 11, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 07, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. 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 Schertz 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. Approved on first reading the 7th day of February, 2017. PASSED, APPROVED AND ADOPTED on final readihe 14th day of February, 2017. ATTEST: Ai°'} Brenda Dennis, City Secretary (SEAL OF THE CITY) R. Carpenter, Mayor Exhibit A "The Property" METES AND BOUNDS DESCRIV171ON FOR A 62,940 ACRE TR=ACT OF LAND Being 62,940 acres of land out of the E. Gortarl Survey No. 2, Abstract No. 5, County Block 5193, Bexar County, Texas, and being all of a 62-139 act-- tract of land described in Volume 8434, Page 1819 of the Official Public Records of Real Property of Bexiii-County, Texas, and said 62,940 acres of land being inore particularly described as follows: BEGINNING at a Yz" iron pin found on the Northeast right-of-way line of Trainor I-Title Road, a Southwesterly corner of a 69.106 acre tract of land as described in Volume 6160, Page 1686 of the Official Public, Records of Real Property of Bexar County, Texas, and being the most Westerly corner of this herein described 62.940 acre tract of land; THENCE departing the Northeast right-of-way line of said Trainer Hate Road and with the Southeast tine of said , 69,106 acre tract of land, N 59' 47' 58" E distance of 3090.45 feet to a Va" iron pin round on line for 1 reference point, a total distance of 3239.04 feet to the center of Cibofo Creek for the East corner of said 69.106 acre tract of land and being the Northerly comer of this herein described 62.940 acre tract of land; '114RNCE with the, meanders of Ciboto Creek the following calls and distances: S 160 431 50" 13 a distance of 385,56 feet to a point; S 47' 04' 33" F, a distance of 140,10 feet to a point; and S 5913 P 14" B distance of 424,41 feet to point for die most Northerly corner of a 54,72 acre tract of land as described in Volume 3357, Page 401 of the Officiat Public Records of Real Property of Bexar County, the Easterly corner of this herein described 62,940 acre tract of laud; niENCE departing the center line of Cibolo Creek, and with a fence along; the Northwesterly line of said 54,72 acre tract of land, S 62' 57' 001, W a distance of 240,)2 feet to a V2" iron pin Found for a corner or said 54.72 acre tract of land, and a corner of this heroin described 62,940 acre tract of land; THENCE with the Northwesterly line of said 54,72 acre tract of land, (lie followill—c-, calls and distances: 9 59' 48' 53" W a distance of 669,73 feet to a VP iron pin with, cap stamped "DAM #5348 P11,0P, COR,11 set for 1 corner; and S 59' 55' 16" W a distance of 2369-65 feet to a 'A" iron pin found on the Northeast right-of-way line of said Trainer Hale Road, a Westerly corner of said 54.72 acre tract of land and being the Southwest corner of this herein described 62.940 acre tract of land; THENC13 with the Northeast Ixbi(it -of Avay line of Trainer dale Road, the following calla, N42' 13' 33"W a distance of 108,20 feet to a 1z" iron pin Found for a Conner and beginnitig ref a carve to the curve to the right? With said curve to the right, having a Radius of 2315.23 feet, an Are Length of 199.88 feet, a Delta Angie of 040 56' 47", and a Chord bearing and distance of N 39' 50' 53" W, 199.82 Peet to a coiner, and N 37° 22' 29" W a distance of Sf t:79 fect to the POINT OF #3EGMINC aild Containing 62.910 acres ofland, more or less, Bearings lased on the `l`exas State Plane Coordinate System, Texas South Central Zone (42011), i`IAD 1981 Surveyed on the ground this the t2 "' day of May, 2014. Drew . Mawyc r E REWA, 1vi,4WYER 8 Registered Professioual and S rveyor No. 5348 TBPLS Finn Registration V 10 19 1500 RMY) S.1_ DAM-4tLV,_1014 Ptajrtrt;�IGCYIUi�? a^clic�l?,4tit�i3 \C h4007 =G2.tJ#Q AC- 4t�t ®.dtc '�`.j.. Exhibit B "The Property" X CL, Hi REN'T Jig, MEN Ilk H REN'T Jig, MEN