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19-R-09 Extraterritorial jurisdiction agreement with S.A.A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING AN EXTRATERRITORIAL JURISDICTION- AGREEMENT WITH THE CITY OF SAN ANTONIO AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Schertz 312 LLC ( "Schertz 312 ") owns 312.005 acres specified in Exhibit A having approximately 171 acres within the City of Schertz and 141 acres within the San Antonio extraterritorial jurisdiction; and WHEREAS, Schertz 312 intends to develop the property and desires to develop the property under a single jurisdiction; and WHERAS, the City of Schertz has the ability to extend infrastructure to the entire 312.005 acres; and WHEREAS, through Resolution No. 18 -R -51 the City Council authorized an Economic Development Performance Agreement between the City of Schertz Economic Development Corporation and Schertz 312 LLC. The agreement outlined the City of Schertz' intention to petition the City of San Antonio, Texas to release a portion of its extraterritorial jurisdiction such that it could be annexed into the City of Schertz; and WHEREAS, the City of Schertz and the City of San Antonio, Texas have a history of entering extraterritorial jurisdiction agreements as evidence in Resolution No. 10 -R -15 for the approximately 3,486 acres now located in southern Schertz; and WHEREAS, it is the intention of the City of Schertz that to enter into an Extraterritorial Jurisdiction Agreement with the City of San Antonio so that the 141 acres within the San Antonio extraterritorial jurisdiction may be released to become Schertz extraterritorial jurisdiction and ultimately annexed as done previously; and WHEREAS, the City Council has determined that it is in the best interest of the City to annex the property into the City of Schertz. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager, and or his designee, to deliver Resolution 19 -R -09 to the City of San Antonio and negotiate an Extraterritorial Jurisdiction Agreement for the approximate 141 acres identified in 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 January, 2019. ATTEST: CITY OF S RTZ, TEXAS or, Michael R. Carpenter -2- � l D Y ' ' 17►1<C36�IZIT���7:7 Di•Y11 � 1►_�►`I 17 (See Attached) -3- LEGAL DESCRIPTION 312.005 ACRES OF LAND 312.005 acres of land located In the George M. Dotson Survey Number 96, Abstract Number 120 and the Vincente Michell Survey Number 114., Abstract Number 383, Comal, County, Texas and being all of that certain called 17.740 acres conveyed to Arnold A, Moos and Angeline A, Moos, as described in Volume 780, Page 306, Official Public Records of Comal County, Texas; all of that called 30.197 acres conveyed to Susan Hayes Luckett, as described in Document Number 201306051208, Official Public Records of Coma[ County, Texas; all of thatcalled 30.444 acres conveyed to Edgar Burhardt and Edna Burkhardt, as described in Volume739, Page 863, Official Public Records of Comal, County, Texas and a portion of those certain tracts of land conveyed to the Scheel Revocable Trust, as described in Document Number 9806000899, Off tclal Public Records of Coma[ County, Texas; said 312,005 acres being partially located with the City of Schertz and more particularly described as foltows; BEGINNING, at a found 1/2 inch iron rod located in the southeasterly right of way tine of the Missouri Pacific Railroad and marking the most northerly corner of the said 17.740 acres, same being the most westerly corner of Royal Manufacturing Subdivision, according to the map or p(atthereof recorded InVolume 15, Page 224, Plat Records of Comal County, Texas; THENCE, South 30deg 30'25" East, along the northeasterly tine of the said 17.740 acres, a distance of 2,705.77 feet, to a set 1/i inch iron rod with "CUDE" cap located in the northwesterly right of way line of the Union Pacific Railroad; THENCE, along the northwesterly right of way line of the Union Pacific Railroad, the following courses: South 61deg 53' 07" West, a distance of 21689.96 feet, to a found V2 Inch iron rod, South 61deg 54' 35" West, a distance of 2,601.87 feet, to a set Y2 inch fron,rod with " CUDE" cap; THENCE, leaving the northwesterly right of way line of the Union Pacific Railroad and across the said Scheel Revocable Trust property, the following courses. North 30deg 20'49" West, a distance of 1,844.02 feet, to a set Y2 inch iron rod With 'CUDE!'cap; North 59deg 3559" East, a distance of 1,074.51 feet, to a set Y2 inch iron rod with "CUDV cap; North 29deg 38' 06" West, a distance of 816.74 feet, to a set Y2 Inch iron rod with "CURE " ;cap located In the southeasterly right of way tine of the Missouri Pacific Railroad; THENCE, alongthe southeasterly right of way line of the said Missouri Pacific Railroad, the following courses; North 60deg06' 45" East, a distance of 2,168.02 feet, to a found 1/2 inch Iron rod; North 60deg05' 13" East, ad istance of 494 ;8 feet, to a found */2' inch Iron rod; North 60deg SV IV East, a distance of 179.77 feet, to a found Yx inch iron rod; Northeasterly, along the arc of a curve to the right having a radius of 5,679.58 feet, a central angle of 06&g 04' an arc length of 602.29 feet and a chord bearInW. N 63deg 05'06" E, 60.2,01 feet, to a. found Y2 inc4 Iron rod; North 67deg 15'54" East, a distance of 472.65 feet, to a found 1/4 inch iron rod, North 67deg33'52'" East, a distance of 286.35 feet, to the POINT OF BEGINNING and containing 312.005 acres of land, more or less, CUDE ENGINEERS 4122 POND HILL ROAO STE 101 PHONE- (210) 681-29511 -TSPE NO, 4S5 SAN ANTONIO I AUSTIN SAN ANTONIO,, TEXAS 78Z31 CUDEENGINEERS.COM TI3PLS Nld. 1 oo48sb(j Document Name 2/2 Basis of bearings is the Texas State Plane Coordinate System, South Central Zone (4204), NAD 83 (93), CUDE ENGINEERS 4122 POND HILL POAD, STE 101 PHONE '(210) 681-2951 TBPE NO 455 SAN ANTONIO 9 AUSTIN SAN ANTONIO, TEXAS 78231 CUDr:ENGINEEI1S.COM T8PLS NO, 10048500 /James; W Russel! Registered Professional Land Surveyor No, 4230 Cude Engineers 4122 Pond Hitt Road, Suite 101 San Antonio, Texas 78231 J1 TBPLS Firm No, 10048500 42m TBPE Firm No, 455 7 Job No. 03227-001 k ii i�". May 1, 2018 JXR, CUDE ENGINEERS 4122 POND HILL POAD, STE 101 PHONE '(210) 681-2951 TBPE NO 455 SAN ANTONIO 9 AUSTIN SAN ANTONIO, TEXAS 78231 CUDr:ENGINEEI1S.COM T8PLS NO, 10048500