21-A-04 - Extension of the boundary lines of the City of Schertz by the annexation of approximately 142 acres of land located in comal county approximately 3,500 feet southwest of the interesection of Doerr Lane and Bell north driveORDINANCE NO. 21-A-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF
SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 142 ACRES OF
LAND LOCATED IN COMAL COUNTY APPROXIMATELY 3,500 FEET
SOUTHWEST OF THE INTERSECTION OF DOERR LANE AND BELL NORTH
DRIVE
WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should
annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed
Land "); and
WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the
City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous,
pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be
annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and
WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to
extend its City limit boundaries through the voluntary annexation of area adjacent to those
boundaries upon petition of a landowner; and
WHEREAS, a public hearing notice was published in the San Antonio Express News on
December 16, 2020 for the hearing held on January 5, 2021 and notice was published in the San
Antonio Express News on January 13, 2021 for the hearing on January 26, 2021; and
WHEREAS, on January 5, 2021 the City Council conducted a public hearing and after
considering the request for voluntary annexation, adopted Resolution 21 -R -03 accepting a
petition for voluntary annexation; and
WHEREAS; the City Council finds that the Annexed Land is suitable, and it is in the best
interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to
and made a part of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The City hereby annexes the Land described in Exhibit A.
Section 2. The Annexed Land shall be included within the City's corporate limits
effective on the effective date of this Ordinance, and all taxable property in the Annexed Land
shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable
exemptions.
Section 3. The land and territory more particularly described as that portion of the tract
of land described in Exhibit A, attached hereto and incorporated herein by reference shall be part
of the City of Sc hertz, Texas and inhabitants thereof shall be entitled to all of the rights and
privileges as citizens and shall . be bound by the acts, ordinances, resolutions, and regulations of
the City of Sc hertz, Texas®
Section 4. A service plan outlining the provisions of necessary municipal service t o t he
property described in Exhibit A is hereby approved and the implementation of said plan is
hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B.
Section 5. The City manager is hereby authorized and directed to take appropriate action
to have the official map oft e City revised to reflect the additions to the City's Corporate Limits
and the City Secretary is hereby authorized and directed to provide appropriate notice t o t he
State of Texas and the County of Guadalupe of this annexation.
Section 6. 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 7. 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 oft is Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 9. 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
[.,iereby declares that this Ordinance would have been enacted without such invalid provision.
Section 10. 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 5 5 1, as amended, Texas Government Code.
Section 11. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Approved on first reading the 2¢h day o January, 221.
PASSED, APPROVED AND ADOPTED on final reading the 2d day o February, 20
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Exhibit A
Metes and Bounds Description
APPROXIMATELY 142 ACRES
LEGAL DESCRIPTION
141.494 ACRES OF LAND
141.494 acres of land located in the Vincente Micheli Survey Number 114, Abstract Number 383, Comal 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 V2 inch iron rod located in the northwesterly right of way 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 Y2 inch iron rod with "CURE" 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
1h inch iron rod with "CODE" cap marking an interior comer 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
'/2 inch iron rod with "CUDE" cap located in the southeasterly right of way line of the 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 1/2 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 except those rights and interests implied or established by the creation
J reconfiguration ef the boundary Poi political subdivision for which it was prepared.
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Registered Professional Land Surveyor No. 423,0 �:�GjSYLcR,C�
Cude Engineers
4122 Pond Hill Road, Suite lol
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CUDE ENGINEERS 4122 POND HILL ROAD, STE 101 PHONE: (2101681.2951 TBPE NO. 455
SAN ANTONIO ) AUSTIN SAN ANTONIO, TEXAS 78231 CUDEENGINEERS.COM TSPLS NO. 10048500
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VOL 12, PG. 208
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SURVEY NO. 114 9
151891 �� ABSTRACT 383
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83.514 ACRES
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O.P.R.C.C.T. �51o,(Qy 141.494 AC
142.096ACRES d'
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DOCK 201806024987 ms
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6. � 682ACRES w' + FRIESENHAHN
JOYCE F. SCHEEL ,, DOCN9806000899
00201706004146 O.P.R.C.C.T.
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LEGEND
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PLAT RECORDS, 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
*1 =1 /2" IRON ROD FOUND
NOTES:
T8M OF BEARINGS: TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE (4204), NAD 83 (93).
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TITAN INDUSTRIAL
PARK SELMA UNIT 2
DOCK 201506024223
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LOOKOUT BUSINESS
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CUDE ENGINEERS
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4122 POND HILL RD. • SUITE 101
SAN ANTONIO, TEXAS 78231
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LOOKOUT BUSINESS
CENTER UNIT
DOCK 200806030605
P.R.C.C.T.
CITY OF SCHERTZ, TEXAS
ANNEXATION SERVICE PLAN
AREA ANNEXED
An approximately 142 -acre tract of land, located in the Vincente Micheli Survey Number
114, Abstract Number 383, Comal 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; generally located 3,500
feet southwest of the intersection of Doerr Lane and Bell North Drive, Comal County,
Texas; Property ID: 77739
See Exhibit A, "Metes and Bounds Description ", attached hereto for a complete description
of the property.
INTRODUCTION
This service plan has been prepared in accordance with Local Government Code Section
43.056. Municipal facilities and services to the annexed area described above will be
provided or made available on behalf of the city at the following levels and in accordance
with the following schedule:
POLICE PROTECTION
Patrolling, responses to calls, and other police services will be provided on the effective
date of the annexation at the same level as provided throughout the city.
FIRE PROTECTION AND FIRE PREVENTION
Fire protection and fire prevention services will be provided on the effective date of the
annexation at the same level as provided throughout the city.
EMERGENCY MEDICAL SERVICES
Emergency medical services will be provided on the effective date of the annexation on
the same basis and at the same level as provided throughout the city.
SOLID WASTE COLLECTION AND DISPOSAL
Solid waste collection and disposal services will be provided on the effective date of the
annexation on the same basis and at the same level as provided throughout the city.
However, no obligation exists for the city to provide solid waste collection services to a
person who continues to use the services of a privately owned solid waste management
service provider.
OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FAGILII Ibb
THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR
WASTEWATER UTILITY
Operation and maintenance of water and wastewater facilities that are not within the
service area of another water or wastewater utility will be provided on the effective date of
the annexation on the same basis and at the same level as provided throughout the city.
Development within the annexed property will pay a fee equal to the sewer capital recovery
fee that would be assessed and collected per CHAPTER 90, Article V WATER AND
WASTEWATER CAPITAL RECOVER FEES and as amended, as if the property was in
the established service area City of Schertz.
Q.PERATION AND MAINTENANCE OF ROADS AND STREETS
Operation and maintenance of roads and streets will be provided on the effective date of
the annexation on the same basis and at the same level as provided throughout the city.
STREET LIGHTING
Street lighting will be made available on the effective date of the annexation on the same
basis and at the same level in comparable areas as provided throughout the city.
If any public park, playground, swimming pool, or any other publicly owned facility, building
or service is located within the annexed area, it will be maintained on the effective date of
the annexation on the same basis and at the same level as similar facilities are maintained
throughout the city.
OTHER SERVICES
Other services that may be provided by the city such as planning, code enforcement,
animal control, library, park and recreation, court, and general administration will be made
available on the effective date of the annexation on the same basis and at the same level
as provided throughout the city.
CAPITAL IMPROVEMENTS
The city will make available to the annexed area any necessary water, sewer, street, and
drainage facilities within two and one -half (2 -112) years of the effective date of the
annexation unless the construction of the necessary facilities is interrupted by
circumstances beyond the control of the city, or unless this period is extended by an
arbitration decision. No impact fees will be charged to any developer or landowner within
the annexed area except in conformity with Local Government Code Ch. 395. Construction
of other capital improvements shall be considered by the city in the future as the needs
dictate on the same basis as such capital improvements are considered throughout the
city.
UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the city to provide a uniform level of full municipal services
to each area of the city, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for
providing different levels of service.
TERM
This service plan shall be valid for a term of ten (10) years. Notwithstanding the foregoing,
city's obligation to provide services as set forth herein shall survive expiration of this
service plan
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Local
Government Code Section 43.0561.
AGREEMENT
i desire to enter into this written agreement for municipal services with the City of Schertz
pursuant to Section 43.0672 of the Local Government Code. I certify that I was offered a
development agreement pursuant to Section 43.016 of the Local Government Code and
still requested annexation. I certify that this petition is signed and duly acknowledged by
each and every person, corporation, or entity having an ownership interest in said
Property.
OWNER S' : add additional si' nature lines for each owner
Signature: '�-�� , Print Name: Ben F. Spencer
NOTARY ACKNOWLEDGEMENT
STATE OF NEW MEXICO §
COUNTY OF BERNALILLO §
BEFORE ME, the undersigned authority, on this day personally appeared Ben F. Spencer,
as manager of Titan Lone Star, LLC, as manager of Schertz 312 Management, LLC, as
manager of Schertz 312, LLC, owner of the annexed property, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed on behalf
of the Owner.
Given under my hand and seal of office this 261h day of January, 2021.
(SEAL)
OFFICIAL SEAL
Chenoa Crites
NOTARY PUBLIC
STATJ of W Nls)aCO
My Commission Expires:.
NOTARY PUBLIC in and for the
CHENOK r.R1TF-s
Printed Name
My commission expires: _O
ATTEST: SIGNED:
City Secretary City Manager
Exhibit A
Metes and Bounds Description
APPROXIMATELY 142 ACRES
LIAGAL DF3dU"MM
141.494ACRESOFLAND
141A94 acres of land located in the Ymcente M ichefi Survey Number 114, Abstract Number 383, Comal County, Texas end
being a portion of that certain 142.090 acres of land conveyed to SCIMIU 31.2, uC, as described In Document NurnbPr
2010=4997, OMdal Public Records of Comal County, Texas; said 141.494 acres being, mare particularfp described as
fo11ML.
OEGIMUNG, ata found 14 Inch iron rod located In the northwesterly light ofway line of the Union Patffic Railroad and marking
the moo ea9edycanteraf the uhd 142095 acres;
TNEtti X South 51deg 54' 35' west, along the northwestedy right of way line of the Unon Pacific RaiUmd, a distance of
2,80t1.eT feet, Ina found % Inch lien rod Wkh'CtJW cap r whin` the most sottttterly tonne* 41 t71e said L42.096 acres;
YHtW'.:�„ North aodeg 20' 49" Nest, taaving the northwesterly right of way line of the Union Pad1Bc Railroad and along the
scuthwestarty Una ofthe said 142.096 acres. a distance of 1543.02 feet, to a found 'A inch Iran cad with 'CUM- W marking
the most westoriy corner of the said 142.0% acres;
TKEWX North SBde6 35'59" East, along a northwesterly line of the said 142096 acres, a distance of IA7430 feet, to a found
W lnch iron rod vdth'CUDE' cap meriting an interior ccriw of hesabd 142.096 acres;
T146M North 294el38' 06' West, along thesouthwesterly hoe ofthe said 142AM acres, a dlstaace of 81T.T4 (Set, to a found
A Inch Iran rod with 'CI1DE" cap located in the southeasterly right of way One of the tAInaud pacific Railroad and malting the
most nort1wAy westerly coarser of the said 142ASS acres;
77th M North 60deg 06' 45" East, along she southeasterly right of way line of the said Missau rf Pacific Railroad. a distance
aP 1 ,51491 feel, Ica point located in the current city limit line of the City of SthWU, Texas;
7111110E, alone the norftasterlyilne of the said 142095 acres, same being the current city Uniil Una ofthe City of Schertz,
Tersas, the fallowing courses:
South 30deg 2B' 21" East, a distance of 1,132.16 teal, to a found % inch Iron rod;
South 30dag Ili its East, a distance of 1.61925 feet, to the PONT OF IMMMMING and containing 141.494 acres of
Lend, more or trss.
Basis of bearings is the Texas State mane Coordinate System, South Central ZOM I42o0, NAD 83 (W).
This drlcerment was prepared under 22 TAG 653.21, does not reflect the resuits of an 04 the ground surrey, and Is not to be
used to conayor establish interests In real property except those rights and hlteresia impiNd orastatifthed by the creation
or recoalffguratlon ofthe boundary of the pokkaf subdivision Far w pith it was prepared.
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Affidavit of Custodian of Records for the City of Schertz
I, the undersigned am the City Secretary of the City of Schertz. I am a custodian
of records for the City. In this capacity, I have personal knowledge of the
accuracy of the matters stated herein.
Attached to this affidavit are true and correct copies of selected documents
maintained in the City Secretary's Office of the City of Schertz that relate to
Annexation Ordinance 21 -A -04
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Brenda Dennis, ,i ty Secretary Date
Acknowledged on this , day of February 2021.
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SCHHERTZ OSEPRPVORTE UCOMMUNITY
NI NITY
Brenda Dennis, TRMC -MMC
City Secretary
February 3, 2021
BY CERTIFIED MAIL — 70-111570 0002 6858 6885
Comal County
Attn: Cynthia Jaqua
178 E. Mill Street., Suite 100
New Braunfels, TX 78130
Re: City of Schertz Annexation of Property
Dear Cynthia,
Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz
hereby notifies your office of the following annexation the City completed, in order to ensure that
the City will receive any sales taxes generated in the newly annexed areas.
Certified copies of Ordinance 21 -A -04 is enclosed. A map detailing the added territory is attached
to the respected Ordinance.
If you have any questions regarding this annexation, please do not hesitate to contact me.
_VeryTri�, yours,
Brenda Dennis
Enclosures
1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 schertz.eom
.� 1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154 -1634
(210) 619 -1030
FAX (210) 619 -1039
bdennis @schertz.com
BY CERTIFIED MAIL 7011 1570 0002 6858 6892
Texas Secretary of State
1019 Brazos Street
Austin, Texas 78701
12e: City of Schertz Annexations of Property
Dear Honorable Hu s
Brenda Dennis, TRMC, MMC
City Secretary
Pursuant to Section 41.0015 of the Texas Local Goverm-nent Code, as amended, the City of
Schertz hereby notifies your office of the following annexations the City completed, in order
to ensure that the City will receive any sales taxes generated
Certified copies of ordinances 21 -A-04 are enclosed. Maps detailing the added territories are
attached to the respected ordinances.
i ii 1 11 111:111011
Very truly yours,
13-rendea Dennis
Enclosures
P TSCHIE R7L oo � n
Brenda Dennis, TRMC -MMC
City Secretary
February 3, 2021
BY CERTIFIED MAIL — 7019 0700 0000 0371 2016
Honorable Kristen H. Hoyt
Tax Accessor - Collector
205 N. Seguin Avenue
New Braunfels Texas 78130
Re: City of Schertz Annexation of Property
Dear Honorable Kristen Hoyt,
Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz
hereby notifies your office of the following annexation the City completed, in order to ensure that
the City will receive any sales taxes generated in the newly annexed areas.
Certified copies of Ordinance 21 -A -04 is enclosed. A map detailing the added territory is attached
to the respected Ordinance.
If you have any questions regarding this annexation, please do not hesitate to contact me.
Very truly yours,
Bryn a Dennis
Enclosures
1400 Schertz Parkway Schertz, Texas 78154 210.619.1000
SCHIERTZ OPPORTUNITY COMMUNITY
Brenda Dennis, TRMC -MMC
City Secretary
February 3, 2021
BY CERTIFIED MAIL — 7011 1570 0002 6858 6908
Glenn Hegar
Texas Comptroller of Public Accounts
111 East 17 h Street
Lyndon B. Johnson State Office Building
Austin Texas 78774
Dear Sir or Madam,
Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz
hereby notifies your office of the following annexation the City completed, in order to ensure that
the City will receive any sales taxes generated in the newly annexed areas.
Certified copies of Ordinance 21 -A -04 is enclosed. A map detailing the added territory is attached
to the respected Ordinance.
If you have any questions regarding this annexation, please do not hesitate to contact me.
Very truly yours,
Brenda Dennis
Enclosures
1400 Schertz Parkway Schertz, Texas 78154 210.619.1000
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SCHERTZ
1081 ELBEL RD
SCHERTZ, TX 78154-9998
(800)275 -8777
02/03/2021 01:42 PM
Product Qty Unit Price
Price
_________.e_____
First -Class Mail 1 $1.40
Large Envelope
New Braunfels, TX 78130
Weight: 0 lb 2.80 oz
Estimated Delivery Date
Sat 02/06/2021
Certified Mail@ $3.60
Tracking #:
70111570000268586885
Return Receipt $2.85
Tracking #:
9590 9521 0615 0257 4348 85
Total $7.85
First -Class Mail® 1
$1.40
Large Envelope
Austin, TX 78701
Weight: 0 lb 2.80 oz
Estimated Delivery Date
Sat 02/06/2021
Certified Mail$
$3.60
Tracking #:
70111570000268586892
Return Receipt
$2.85
Tracking #:
9590 9521 0615 0257 4348
92
Total
$7.85
First -Class Mail@ 1
$1.40
Large Envelope
New Braunfels, TX 78130
Weight: 0 lb 2.80 oz
Estimated Delivery Date
Sat 02/06/2021
Certified Mail®
$3.60
Tracking #:
70190700000003712016
Return Receipt
$2.85
Tracking #:
9590 9521 0615 0257 4349
08
Total
$7.85
First -Class Mail@ 1 $1.40
Large Envelope
Austin, TX 78774
Weight: 0 lb 2.70 oz
Estimated Delivery Date
Sat 02/06/2021
Certified Mail® $3.60
Tracking #:
70111570000268586908
Return Receipt $2.85
Tracking #:
9590 9521 0615 0257 4349 15
Total $7.85
_ _________________ _____
Grand Total: $31.40
--------------------------------------------
Credit Card Remitted $31.40
Card Name: MasterCard
Account #: XXXXXXXXXXXXI5133
Approval #: 084492
Transaction #: 485
AI:D: A000000O041010 Chip
AL: MASTERCARD
PI:N: Not Required CREDIT