20-R-83 - ILA with San Antonio for release and acceptance of ETJRESOLUTION NO. 20-R-83
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE CITY OF SAN ANTONIO FOR THE RELEASE AND
ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION (ETJ), AND
RELATED MATTERS IN CONNECTION THEREWITH
WHEREAS, the owner of approximately 90 acres of land the City of Schertz requested the City
seek to work with the City of San Antonio to release an additional 141 acres of adjacent land, so
that in can be annexed into the City of Schertz; and
WHEREAS, access to the property is difficult to provide through the City of San Antonio, but is
directly adjacent to Tejas Way a public street in the City of Schertz; and
WHEREAS, with the support of the property owner, the City of Schertz has the ability to annex
the property and thus impose zoning regulation to ensure the orderly and compatible
development of the property;
WHEREAS, the City of Schertz has the ability to provide necessary services including police
and fire protection to the property; and
WHEREAS, the City of Schertz and the City of San Antonio have previously agreed to the
adjustment of ETJ boundaries to the benefit of both communities;
WHEREAS, the City Council of the City of Schertz has determined it is in the best interest of
the City to enter into an agreement with the City of San Antonio pursuant to the Extraterritorial
Jurisdiction Agreement attached hereto as Exhibit A (the "ETJ Agreement ") regarding the
release by San Antonio of certain land to the extraterritorial jurisdiction of the City.
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the ETJ Agreement with the City of San Antonio in substantially the form set forth 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 27" day of October, 2020.
CITY OF SCHERTZ, TEXAS
l�ierr y
ATTEST:
(�n5 "Dennis,City reds Secretary
�Y
Exhibit A
„g1. 19,9,9
CUDE
�H�1NEE�S
LEGAL DESCRIPTION
141.494 ACRES OF LAND
141.494 acres of land located in the Vincente Micheli Survey Number 114, Abstract Number 383, Coma[ County, Texas and
being a portion of that certain 142.096 acres of land conveyed to Schertz 312, LLC, as described in Document Number
201806024987, Official Public Records of Comal County, Texas; said 141.494 acres being more particularly described as
follows:
BEGINNING, at a found h inch iron rod located in the northwesterly right ofway line of the Union Pacific Railroad and marking
the most easterly corner of the said 142.096 acres;
THENCE, South 61deg 54' 35” West, along the northwesterly right of way line of the Union Pacific Railroad, a distance of
2,601.87 feet, to a found 1/2 inch iron rod with "CUDE" cap marking the most southerly corner of the said 142.096 acres;
THENCE, North 30deg 20' 49" West, leaving the northwesterly right of way line of the Union Pacific Railroad and along the
southwesterly line of the said 142.096 acres, a distance of 1843.02 feet, to a found 1/2 inch iron rod with "CUDE" cap marking
the most westerly corner of the said 142.096 acres;
THENCE, North 59deg 35'59" East, along a northwesterly line of the said 142.096 acres, a distance of 1,074.50 feet, to a found
h inch iron rod with "CUDE" cap marking an interior corner of the said 142.096 acres;
THENCE, North 29deg 38'06" West, along the southwesterly line of the said 142.096 acres, a distance of 817.74 feet, to a found
h inch iron rod with "CUDE" cap located in the southeasterly rightof way line ofthe Missouri Pacific Railroad and marking the
most northerly westerly corner of the said 142.096 acres;
THENCE, North 60deg 06'45" East, along the southeasterly right of way line of the said Missouri Pacific Railroad, a distance
of 1,514.91 feet, to a point located in the current city limit line of the City of Schertz, Texas;
THENCE, along the northeasterly line of the said 142.096 acres, same being the current city limit line of the City of Schertz,
Texas, the following courses:
South 30deg 28' 21" East, a distance of 1,132.16 feet, to a found y2 inch iron rod;
South 30deg 16'16" East, a distance of 1,619.85 feet, to the POINT OF BEGINNING and containing 141.494 acres of
land, more or less.
Basis of bearings is the Texas State Plane Coordinate System, South Central Zone (4204), NAD 83 (93).
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be
used to convey or establish interests in real property exceptthose rights and interests implied or established by the creation
or reconfiguration ooff� the of the political
subdivision for which it was prepared.
-boundary
-P i�2o
ans /w, -P
James W. Russell
Registered Professional Land Surveyor No. 4230.
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Engineers
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4122 Pond Hill Road, Suite 101
San Antonio, Texas 78231
TBPELS Firm No. 10048500
TBPE Firm No. 455
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Job No. 03227 -007
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CUDE ENGINEERS
SAN ANTONIO I AUSTIN
4122 POND HILL ROAD. STE 101
SAN ANTONIO. TEXAS 78231
50306808.2 A -2
PHONE: (210)681-2951 TBPE NO. 455
CUDEENGINEERS.COM TBPLS NO. 10048500
I
WINCO SUBDNISK
VOL. 12, PG, 208
P.R.C.C.T.
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,1p9
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0 300• 60P 12W
I
SCALE: V-600' �F0 p5
�6o COMAL COUNTY
D.
149.924 ACRES
KNOWLTON &WALIACE LTD F-
DOC #9906034644 3y`33
O.P. R.C.C.T.
6,163,485 SF
N59 5
141.494 AC
1
4122 POND HILL RD. • SUITE 101
NUMBER 114, ABSTRACT NUMBER 383, COMAL COUNTY, TEXAS AND BEING
142.096 ACRES
ANTONIO, TEXAS 78231
TEL 210 681.2951 -FAX 210.523.7112
SCHERTZ 312, LLC
DOC# 201806024987
201806024987,
O.P.R.C.C.T,
8�6 PF'`ND�9N
99.6 ACRES
BERNICE S. FRIESENHAHN e
DOC# 9806000899
O.P.R.C.C.T. O
16.84 ACRES
BERNICE S.
6.682 ACRES FRIESENHAHN
JOYCEF. SCHEEL DOC #9806000899
DOC# 201706004146 O.P.R.C.C.T.
\O' P.R.C.C.T.
LEGEND
PLATRECOR,S, COMAL COUNTY, TEXAS
D.R.C.C.T. = DEED RECORDS, COMAL COUNTY, TEXAS
O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COMAL COUNTY, TEXAS
P.O.B. = POINT OF BEGINNING
0 =1/2" IRON ROD FOUND WITH "CODE" CAP
91 =1 /2" IRON ROD FOUND
NOTES:
T- BM OF BEARINGS: TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE (4204), NAD 83 (93).
TITAN INDUSTRIAL
PARK SELMA UNIT 2
DOC# 201505024223
P.R.C.C.T.
VICENTE MICHELI
SURVEY NO. 114
ABSTRACT 383
s
U) SOP.
+`� ✓a,lrl CITY OF SHERTZ
83.514 ACRES
SCHERTZ 312, LLC
DOC# 201806024955
O.P.R.C.C.T.
P,0
LOOKOUT BUSINESS
CENTER UNIT 1
DOC # 200806030605
P.R.C.C.T,
DATE: SEPTEMBER 23,2020 JOB NO.: D3227,007
50306808.2 C -1
EXHIBITOF
logo
CUDE ENGINEERS
141.494ACRES OF LAND LOCATED IN THE VINCENTE MICHELI SURVEY
Sgt.
4122 POND HILL RD. • SUITE 101
NUMBER 114, ABSTRACT NUMBER 383, COMAL COUNTY, TEXAS AND BEING
CUDESAN
ANTONIO, TEXAS 78231
TEL 210 681.2951 -FAX 210.523.7112
A PORTION OF THAT CERTAIN 142.096 ACRES OF LAND CONVEYED TO
SCHERTZ312, LLC, AS DESCRIBED IN DOCUMENT NUMBER
ERS.COM
WWW.CUDEFIRM
201806024987,
FNBINEE�`�
#
TBPE FIRM #455
OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS.
TBPLS FIRM #10048500
DATE: SEPTEMBER 23,2020 JOB NO.: D3227,007
50306808.2 C -1
EXHIBIT B
Schertz Future Land Use Plan
See attached
50306808.2 C -2
3 1
EXHIBIT
50306808.2 C-3
Estate Neighborhood
St,g,'r Family REM11-till
M..', Street Commercial Multi - Family Reiidenl:i
Manufactured 11-4
M-4 U. N.ghborb-if
Mind We Core
-rNO/TOD
A—IF—trig.
Seater Boundary
Extraterritorial Jurisdiction
I
Figure 4.3
Future Land use Plan
Comprehensive Land Plan
SCHHERTZ
COMMUNITY, SERVICE • OPPORTUNITY
CITY OF SAN ANTONIO - CITY OF SCHERTZ
EXTRATERRITORIAL JURISDICTION AGREEMENT
This Extraterritorial Jurisdiction Agreement is effective on the date set forth in Article V hereof
(this "Agreement ") and is entered into by and between the City of San Antonio, a Texas
Municipal Corporation ( "San Antonio'), acting by and through its City Manager pursuant to
Ordinance No. , and the City of Schertz, a Texas Municipal Corporation ( "Schertz "),
acting by and through its City Manager pursuant to Resolution No. 20 -R -83.
WITNESSETH:
WHEREAS, Schertz has requested that San Antonio release from its extraterritorial jurisdiction
an area of approximately 141.5 acres (the Subject Property described below) so that it may
incorporate such area into the extraterritorial jurisdiction of Schertz; and
WHEREAS, San Antonio and Schertz each have all requisite municipal corporate power and
authority to enter into an Agreement for performance of all of their relative obligations under
such Agreement; and
WHEREAS, the execution and performance by City of this Agreement has been duly authorized
by City Resolution, and except for the additional approval of the Owners, no consent or approval
of any other person is required, including, without limitation, any governmental authority; and
WHEREAS, incorporation of this area into the extraterritorial jurisdiction of Schertz would
allow Schertz to annex the Subject Property; and
WHEREAS, both municipalities are desirous of entering into this Agreement to permit this
arrangement;
THE PARTIES AGREE AS FOLLOWS:
General Terms and Conditions
A. San Antonio releases from its extraterritorial jurisdiction and relinquishes control
over an area containing approximately 141.5 acres of land located generally north
of Lookout Road, generally south of FM 2252, generally east of Evans Road and
generally west of Doerr Lane and more particularly described by metes and
bounds and the map attached hereto as Exhibit A and incorporated herein for all
purposes ( "Subject Property"). San Antonio shall take such further and additional
action as Schertz may reasonably request to evidence the release of the Subject
Property from its extraterritorial jurisdiction.
B. Schertz will promptly incorporate the Subject Property into its extraterritorial
jurisdiction.
C. Upon bringing the Subject Property into its extraterritorial jurisdiction, Schertz
agrees that it will do the following:
1. Extend a land use plan to the Subject Property compatible with the
adjacent land in the City of Schertz, as per the City of Schertz Future Land
Use Plan, a copy of which is attached hereto as Exhibit B and
incorporated herein for all purposes, allowing for Industrial and Industrial,
Technology and R and D;
2. Prohibit new billboards from being erected on the Subject Property except
in accordance with the City's Unified Development Code (the " Schertz's
UDC ");
3. Extend Schertz's subdivision regulations to the Subject Property in
accordance with the Schertz UDC;
4. Extend Schertz's tree ordinance to the Subject Property, which must
protect existing significant and heritage trees, in accordance with Schertz's
UDC;
5. Extend Schertz's landscape ordinance to the Subject Property, which must
require planting of additional trees in new commercial and residential
developments, in accordance with Schertz's UDC;
6. Initiate annexation proceedings as to the Subject Property within three (3)
months of the effective date of this agreement and prosecute such
proceedings diligently to conclusion;
7. Provide services and regulations to the Subject Property as required by
Chapter 43 of the Texas Local Government Code; and
8. The City of Schertz will remit to the City of San Antonio 50% of sales,
use, ad valorem taxes, and franchise fees collected by the City of Schertz
for the Subject Property beginning upon the first effective date of
annexation by the City of Schertz for a period of 30 years.
2
City of Schertz will calculate the city portion of sales taxes and pay such
amounts to the City of San Antonio within 60 days of receipt by the City
of Schertz. Such payments shall be accompanied by all original
information received by the City of Schertz with the collection of the taxes
and a calculation of how the city's portion was split and shall be submitted
to the San Antonio Finance Department with a com, to the Director of the
Department of Planning. The City of San Antonio shall have the ri =_t to
audit or to cause its outside auditors to audit. at the City of San Antonio's
expense, the books and records of the City of Schertz to determine the
City of Schertz's taxes from the Annexed Area.
9. Schertz shall file for record a copy of this Agreement within the Subject
Property affected by this Agreement in the Real Property Records of
Comal County, Texas.
D. This Agreement is void and the Subject Property shall revert back to San
Antonio's extraterritorial jurisdiction automatically, without action by either
party, if Schertz fails to conclude the annexation proceedings by December 31,
2021 the City of San Antonio has the right to re -enter the Subject Property, taking
it back into San Antonio's extraterritorial jurisdiction by filing a written
declaration of re -entry in the Official Records of Real Property of Comal County,
Texas.
II. SubiectSeverabilit\
A. If for any reason, any one or more paragraphs of this Agreement is held invalid,
such determination shall not affect, impair, or invalidate the remaining paragraphs
of this Agreement but shall be confined in its operation to the specific sections,
sentences, clauses, or parts of this Agreement held invalid, and invalidity of any
section, sentence, clause, or parts shall not affect, impair, or prejudice in any way
the validity of the remainder of this Agreement in any instance.
B. This Agreement and the exhibits to this Agreement supersede any and all other
prior or contemporaneous agreements, oral or written, among the parties with
respect to the matters addressed in this Agreement.
III. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of Texas.
IV. Notices
Any notice, request, demand, report, certificate, or other instrument which may be required or
permitted to be furnished to or served upon the parties shall be deemed sufficiently given or
furnished or served if in writing and deposited in the United States mail, registered or certified,
return receipt required, addressed to such party at the address set forth below or such other
address as may be hereafter designated by either party by written notice to the other party.
IF TO THE CITY OF SAN ANTONIO:
City of San Antonio
Planning Department
Attn: Director
P.O. Box 839966
San Antonio, Texas 78283 -3966
With a copy to:
City of San Antonio
Office of the City Attorney
Attn: City Attorney
P.O. Box 839966
San Antonio, Texas 78283 -3966
IF TO THE CITY OF SCHERTZ:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attn: City Manager
With a copy to:
Denton Navarro Rocha Bernal & Zech
Attn: Dan Santee
2517 North Main Avenue,
San Antonio, Texas 78212
V. Effective Date
Office of the City Clerk
Attn: City Clerk
P.O. Box 839966
San Antonio, Texas 78283 -3966
This Agreement is effective on the effective date of the later of the Ordinance of the City of San
Antonio and the Resolution of the City of Schertz authorizing this Agreement, in each case as
indicated by the date following the signature of each City Manager below.
[Remainder ofpage intentionally left blank.]
0
IN WITNESS OF WHICH this Agreement has been executed in triplicate.
CITY OF SCHERTZ
By:
Title: City Manager
Date:
STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on October , 2020, by Mark Browne, City
Manager of the City of Schertz, a Texas municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
CITY OF SAN ANTONIO
By: Attest:
Title: Title:
Date:
STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me on by
City Manager of the City of San Antonio, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
101
EXHIBIT A
Subject Property
See attached
50306808.2 A -1