11-A-33 Disannexation of 88.146 acres of land in Bexar CountyORDINANCE NO. 11 -A -33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ PROVIDING FOR THE DISANNEXATION OF 88.146±
ACRES OF LAND WITHIN THE CORPORATE LIMITS OF THE
CITY OF SCHERTZ, ALL OF WHICH IS LOCATED IN BEXAR
COUNTY, TEXAS, AS DESCRIBED HEREIN, AND RELATED
MATTERS
WHEREAS, the City Council of the City of Schertz wishes to disannex the land
(approximately 88.146 acres) described on Exhibit A (the "Land ") which is located entirely
within the corporate limits of the City of Schertz, and the owners of the Land have requested
such disannexation in the form attached as Exhibit B; and
WHEREAS, each of the owners of the Land has further requested that the City enter into
a Development Agreement in lieu of annexation with respect to the Land; and
WHEREAS, the City has complied with all requirements of Chapter 43 of the Texas
Local Government Code relating to the disannexation of the Land; and
WHEREAS, the City Council of the City of Schertz hereby finds that it is in the best
interest of the City of Schertz and the citizens thereof that the Land be disannexed from the City
of Schertz.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION 1. The City of Schertz hereby disannexes the Land described in Exhibit A.
The Land shall no longer be included within the City's corporate limits on the effective date of
this Ordinance, and the Land shall no longer be subject to property taxes levied by the City.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute all
documents necessary to accomplish the purposes of this Ordinance, including a Development
Agreement in lieu of annexation with each of the owners of the Land.
SECTION 3. This Ordinance shall be in full force and effect from and after its final
passage, and it is so ordained.
[The remainder of this page intentionally left blank.]
50453156.1
PASSED AND APPROVED on first reading the 8th day of November, 2011.
�0' Mayor
�1� r fro e
ATTEST ns
:
City Secretary
PASSED AND FINALLY APPROVED this the15�''day of November, 2011.
�Wolm—ayor V
ATTEST: 0
City ecretary
50453156.1
EXHIBIT A
THE LAND
Tract One (Luensmann Tract):
All that certain 68.146 acres situated in Bexar County, Texas as described in Warranty Deed
with Vendor's Lien dated April 3, 1998, recorded in Volume 7421, Page 1739 of the Official
Records of Bexar County, Texas.
Tract Two (Reyes Tract-
A parcel of land containing 20 acres of land, more or less, out of the Julian Diaz Survey No. 66,
Abstract No. 187, in Bexar County, Texas, being out of the 119.00 acre tract originally conveyed
to Erwin H. Krause and Ilka Beck, and being more particularly described in metes and bounds on
Exhibit A -1 attached hereto.
50453156.1 A -1
EXHIBIT A -1
FIELD NOTES
June 28, 2000
BEING 20.000 acres of land, more or less, out of the Julian Diaz survey No. 66, Abstract 187,
County Block 5059, City of Schertz (5.045 acres), Bexar County, Texas and also being out of a
119 -acre tract described in Volume 1463, Page 190 of the Deed Records of Bexar County, Texas
and being more particularly described as follows:
BEGINNING at an iron rod found in the existing south R.O.W. line of Lower Seguin Road for
the northeast corner of this tract and the northeast corner of the above referenced 119 -acre tract,
said point also being the northwest corner of a 15.00 acre tract described in Volume 6409, Page
519 of the Deed Records of Bexar County, Texas;
THENCE, S 30 000'47" E, 754.62 feet along the common fence line with said 15.00 acre tract to
an iron rod found at a fence corner post for an angle point of this tract and continuing along said
common fence line S 29 °52'34" E, 202.88 feet to an iron rod set in same for the southeast corner
of this tract;
THENCE, N 85 030'00" W, 1110.11 feet into said 119 -acre tract to an iron rod set for the
southwest corner of this tract;
THENCE, N 29 °20'12" W, 950.18 feet to an iron rod set in the existing south R.O.W. line of
Lower Seguin Road for the northwest corner of this tract;
THENCE, S 85 °30'00" E (Ref. Brg.) 1097.09 feet along said south R.O.W. line to the POINT
OF BEGINNING and containing 20.000 acres of land, more or less.
Note: Plat also prepared this day.
J. M. Butz, Jr.
OF
Registered Professiconal :;i!_-.and..Surveyor .
boa s s req A
No. 2024
�.
JJA BUTT 'M
F00 -185
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50453156.1 A -2
EXHIBIT B
CONSENT TO DISANNEXATION
Mr. John C. Kessel
City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Dear Mr. Kessel:
I, Charles Luensmann, own the property described on the attached Exhibit 1 (the "Land ")
and do hereby consent to the disannexation of the Land by the City of Schertz, Texas from its
corporate limits.
Date: October 31, 2011 By:
Charles Luensmann
50453156.1 B -1
EXHIBIT 1
THE LAND
All that certain 68.146 acres situated in Bexar County, Texas as described in Warranty Deed
with Vendor's Lien dated April 3, 1998, recorded in Volume 7421, Page 1739 of the Official
Records of Bexar County, Texas.
50453156.1 B -2
Mr. John C. Kessel
City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Dear Mr. Kessel:
I, Mark Reyes, own the property described on the attached Exhibit 1 (the "Land ") and do
hereby consent to the disannexation of the Land by the City of Schertz, Texas from its corporate
limits.
Date: November , 2011 By:
Mark Reyes
50453156.1 B -3
EXHIBIT 1
THE LAND
A parcel of land containing 20 acres of land, more or less, out of the Julian Diaz Survey No. 66,
Abstract No. 187, in Bexar County, Texas, being out of the 119.00 acre tract originally conveyed
to Erwin H. Krause and Ilka Beck, and being more particularly described in metes and bounds on
Exhibit 1 -A attached hereto.
50453156.1 B -4
EXHIBIT 1 -A
FIELD NOTES
June 28, 2000
BEING 20.000 acres of land, more or less, out of the Julian Diaz survey No. 66, Abstract 187,
County Block 5059, City of Schseertz (5.045 acres), Bexar County, Texas and also being out of a
119 -acre tract described in Volume 1463, Page 190 of the Deed Records of Bexar County, Texas
and being more particularly described as follows:
BEGINNING at an iron rod found in the existing south R.O.W. line of Lower Seguin Road for
the northeast corner of this tract and the northeast corner of the above referenced 119 -acre tract,
said point also being the northwest corner of a 15.00 acre tract described in Volume 6409, Page
519 of the Deed Records of Bexar County, Texas;
THENCE, S 30 °00'47" E. 754.62 feet along the common fence line with said 15.00 acre tract to
an iron rod found at a fence corner post for an angle point of this tract and continuing along said
common fence line S 29 °52'34" E, 202.88 feet to an iron rod set in same for the southeast corner
of this tract;
THENCE, N 85 °30'00" W, 1110.11 feet into said 119 -acre tract to an iron rod set for the
southwest corner of this tract;
THENCE, N 29 °20'12" W, 950.18 feet to an iron rod set in the existing south R.O.W. line of
Lower Seguin Road for the northwest corner of this tract;
THENCE, S 85 °30'00" E (Ref. Brg.) 1097.09 feet along said south R.O.W. line to the POINT
OF BEGINNING and containing 20.000 acres of land, more or less.
Note.. Plat also prepared this day.
J. M. Butz, Jr. OF
Registered PmfessiQirdl;Land .Stveyor
No. 2024:. �: ....°
FN00 -185 t.. , q.................. 024z:
s it aim?
50453156.1 B -5
Dennis, Brenda
From: Tapley, Katherine A. [ktapley @fulbright.com]
Sent: Wednesday, November 16, 2011 3:10 PM
To: Dennis, Brenda; Spain, Michael; Wilson, Marcia
Subject: RE:
Brenda,
Yes, we have the documentation that we need in order to finalize this.
Katherine
Katherine A. Tapley, Associate
FULBRIGHT & Jaworski L.L.P. . 300 Convent Street, Suite 2100 . San Antonio, Texas
78205 -3792
T: 210 270 7191 . F: 210 270 7205 . ktapley @fulbright.com . www.fulbright.com /ktapley
- - - -- Original Message---- -
From: bdennis @schertz.com [mailto:bdennis @ schertz.com]
Sent: Wednesday, November 16, 2011 3:04 PM
To: Tapley, Katherine A.; Spain, Michael; Wilson, Marcia
Subject: FW:
Importance: High
Signed approved Ordinance 11 -A -33 Disannexation
By providing this information to you, may I assume that you will be securing and
forwarding /filing the appropriate documentation to accomplish this? Please let me know
- - - -- Original Message---- -
From: printer @schertz.com [mailto:printer @ schertz.com]
Sent: Wednesday, November 16, 2011 2:02 PM
To: Dennis, Brenda
Subject:
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