Loading...
21-A-05 Annexation of Approx 214 Acres of land in Bexar County approx 6,000 feet east of the Interssection between FM1518 and Lower SeguinORDINANCE NO. 21-A-05 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 214 ACRES OF LAND LOCATED IN BEXAR COUNTY APPROXIMATELY 6,000 FEET EAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 309419, 309811, 310011, AND 310013. 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 January 6, 2021 for the hearing held on January 26, 2021, and notice was published in the San Antonio Express News on February 10, 2021 for the hearing on February 23, 2021; and WHEREAS, on January 26, 2021 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 21 -R -06 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 Schertz, 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 Schertz, Texas. Section 4. A service plan outlining the provisions of necessary municipal service to the 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 of the 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 to the 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 of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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 hereby 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 551, 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. Section 12. 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 23`d day of February, 2021. PASSED, APPROVED AND ADOPTED on final reading the 2nd day of March, 2021. 404 Rat t utie z, Mayor ATTEST: rends Dennis, City Secretary • Engineers • surveyors • Planners Moy Turin Ramirez Engineers, LLC Field Notes for a Tract of Land Containing 213.898 acre (9,317,414.98 square feet) A 213.898 acre (9,317,414.98 square feet) tract of land partially situated in the Julian Diaz Survey No. 66, Abstract 187, County Block No. 5059, partially situated in the William Bracken Survey No. 65, Abstract No. 48, County Block 5055, and partially situated in the William Bracken Survey No. 74, Abstract No. 43, County Block 5056, Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being all of a 36.92 acre tract as conveyed to David Neal Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 159 -164, and a portion of a 135.06 acre tract as conveyed to Milton Friesenhahn in Warranty Deed with Vendor's Lien as recorded in Volume 7423, Page 621, with undivided three - fourths interest conveyed to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk, in Special Warranty Deed as recorded in Volume 15867, Pages 1756 -1759, and a portion of a 11.680 acre tract designated as Tract I, and a portion of a called 70.824 acre tract designated as Tract 11, both tracts conveyed to Donnie K. Fischer and Cindy A. Fischer in Substitute Trustee's Deed as recorded in Volume 13622, Page 2403, all of the Official Public Records of Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being more particularly described as follows: Beginning: at a found 5/8" iron rod on the southeasterly right of way line of Raf Bumette Road, a public right of way, being the west corner of a 14.25 acre tract, as conveyed to Bruce J. Wales by Warranty Deed, as recorded in Volume 14209, Pages 1254 -1258 of the Official Public Records of Bexar County, Texas, being the northeast corner of said 36.92 acre tract, and being the north corner of the herein described tract; Thence, leaving the southeasterly right of way line of said Raf Bumette Road, with the east boundary of said 36.92 acre tract, South 16 degrees 47 minutes 34 seconds East, a distance of 1,964.71 feet to a found 1/2" iron rod, being the east corner of said 36.92 acre tract, and being an angle point in the herein described tract; Thence, with the southeasterly boundary of said 36.92 acre tract, South 48 degrees 43 minutes 14 seconds West, a distance of 142.65 feet to a found 5/8" iron pipe, being the north corner of said 135.06 acre tract, and being an interior corner of the herein described tract; Thence, with the easterly boundary of said 135.06 acre tract, South 30 degrees 30 minutes 40 seconds East, a distance of 2,296.74 feet to a found 5/8" iron pipe on the northwesterly boundary of said 70.824 acre tract, being an angle point in the herein described tract; Thence, with the northwesterly boundary of said 70.824 acre tract, North 59 degrees 30 minutes 13 seconds East, a distance of 218.72 feet to a found iron rod with a destroyed yellow plastic cap, being the north corner of said 70.824 acre tract, being the west corner of said 11.680 acre tract, and being an angle point in the herein described tract; Thence, with the northwesterly boundary of said 11.680 acre tract, North 59 degrees 12 minutes 56 seconds East, a distance of 337.37 feet to a found 1/2" iron rod, being the north corner of said 11.680 acre tract, and being an angle point in the herein described tract; Thence, with the easterly boundary of said 11.680 acre tract, South 28 degrees 40 minutes 09 seconds East, a distance of 1,271.70 feet to a point on a southeasterly Schertz City Limits Line, and being the most easterly corner of the herein described tract; Thence, with a southeasterly boundary of said Schertz City Limits Line, South 59 degrees 29 minutes 09 seconds West, passing the westerly boundary of said 11.680 acre tract and continuing said course passing the westerly boundary of said 70.824 acre tract for a total distance of 2,938.88 feet to a point on a westerly boundary of said 135.06 acre tract, and being the most southerly comer of the herein described tract; TBPE F -5297, TBPLS No. 10131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 • Fx. 210.698.5085 Paee I of 2 Thence, with the northwesterly boundary of said 135.06 acre tract and the Schertz City Limits Line, the following two (2) courses: North 30 degrees 05 minutes 14 seconds West, a distance of 1,567.11 feet to a found iron rod with a yellow plastic cap stamped "BUTZ LAND SURVEYING ", being an angle point in the herein described tract; North 30 degrees 32 minutes 28 seconds West, a distance of 715.57 feet to a found iron rod with a red plastic cap, being the south corner of a called 25.01 acre tract as conveyed to Board of Trustees of the Schertz - Cibolo- Universal City Independent School District in Special Warranty Deed as recorded in Volume 14298, Pages 7 -11 of the Official Public Records of Bexar County, Texas, being the west corner of the herein described tract; Thence, leaving the southwesterly boundary of said 135.06 acre tract, with the south and east boundary of said 25.01 acre tract and the Schertz City Limits Line, the following two (2) courses: North 49 degrees 37 minutes 09 seconds East, a distance of 1,342.29 feet to a found iron rod with a red plastic cap, being the east corner of said 25.01 acre tract, and being an interior corner in the herein described tract; North 40 degrees 07 minutes 58 seconds West, a distance of 858.27 feet to a found iron rod with a red plastic cap stamped "CEC 210 641- 999 ", being the north corner of said 25.01 acre tract, being the south corner of a called 37.921 acre tract as conveyed to Janis Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 152 -158 of the Official Public Records of Bexar County, Texas, being an angle point in the herein described tract; Thence, leaving the Schertz City Limits Line, with the southeasterly boundary, and the east boundary of said 37.921 acre tract, the following two (2) courses: North 49 degrees 56 minutes 07 seconds East, a distance of 603.34 feet to a found iron rod with a yellow plastic cap stamped `BUTZ LAND SURVEYING ", being the east corner of said 37.921 acre tract, and being the south corner of said 36.92 acre tract, being an interior corner of the herein described tract; With the west boundary of said 36.92 acre tract, North 20 degrees 10 minutes 44 seconds West, a distance of 2,087.07 feet to a found nail in asphalt on the southeasterly right of way line of said Raf Bumette Road, being the north corner of said 37.921 acre tract, being the west corner of said 36.92 acre tract, and being the most northerly northwest corner of the herein described tract; Thence, with the southeasterly right of way line of said Raf Burnette Road, and the northwesterly boundary of said 36.92 acre tract, North 60 degrees 11 minutes 04 seconds East, a distance of 870.32 feet to the Point of Beginning, containing 213.898 acre (9,317,414.98 square feet) of land. Note: Basis of bearing was established from the State Plane Coordinate System, North American Datum of 1983, Texas South Central Zone. An Exhibit of even date was prepared for this description. 0 f= .......... ,., E'�- Rf* - Stephanie L. James, L.S. , -F o '� Registered Professional Land Surveyor , ....... ................S.... STEPHANIE L. JAMES ... ................. •••• No. 5950 Date: 2021 -01 -21 Job No. 19037 S. ;�, 5954 Id., VB S TBPE F -5297, TBPLS No. 10 13 1500 70 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 • Fx. 210.698.5085 Paize 2 of 2 Exhibit B CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED A 213.898 acre (9,317,414.98 square feet) tract of land partially situated in the Julian Diaz Survey No. 66, Abstract 187, County Block No. 5059, partially situated in the William Bracken Survey No. 65, Abstract No. 48, County Block 5055, and partially situated in the William Bracken Survey No. 74, Abstract No. 43, County Block 5056, Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being all of a 36.92 acre tract as conveyed to David Neal Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 159 -164, and a portion of a 135.06 acre tract as conveyed to Milton Friesenhahn in Warranty Deed with Vendor's Lien as recorded in Volume 7423, Page 621 , with undivided three - fourths interest conveyed to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk, in Special Warranty Deed as recorded in Volume 15867, Pages 1756 -1759, and a portion of a 11.680 acre tract designated as Tract I, and a portion of a called 70.824 acre tract designated as Tract II , both tracts conveyed to Donnie K. Fischer and Cindy A. Fischer in Substitute Trustee's Deed as recorded in Volume 13622, Page 2403, all of the Official Public Records of Bexar County, Texas. 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 FACILITIES 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. OPERATION 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. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES 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 -1/2) 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. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. OWNERnTEXAS Signatur Print N THE S COUNTY OF &41412- ( This instrument was acknowledged before me on the day of v of 2021 by Raymond Tarin Jr., Principal of Moy Tarin Ramirez Engineers, L C, a T as limited liability company, the AuthorizeqAgent for the owners of the real property. (SEAL) DAVIDAGUILERA W�'. My Notary ID # 126543702 Expires June 30, 2024 EST: City Secretary f Notary Fyru6lic in and for The State of Texas My Commission Expires: UN E, 3a, Z�� k�arnager ■ Exhibit A Metes and Bounds Description 213.898 ACRES L_— `_ • Engineers �- • sun►eyors r� ,'l I • Planners Moy Twfn Ramirez Engineers, LLC Field Notes for a Tract of Land Containing 213.898 acre (9,317,414.98 square feet) A 213.898 acre (9,317,414.98 square feet) tract of land partially situated in the Julian Diaz Survey No. 66, Abstract 187, County Block No. 5059, partially situated in the William Bracken Survey No. 65, Abstract No. 48, County Block 5055, and partially situated in the William Bracken Survey No. 74, Abstract No. 43, County Block 5056, Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being all of a 36.92 acre tract as conveyed to David Neal Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 159 -164, and a portion of a 135.06 acre tract as conveyed to Milton Friesenhahn in Warranty Deed with Vendor's Lien as recorded in Volume 7423, Page 621, with undivided three - fourths interest conveyed to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk, in Special Warranty Deed as recorded in Volume 15867, Pages 1756 -1759, and a portion of a 11.680 acre tract designated as Tract I, and a portion of a called 70.824 acre tract designated as Tract 11, both tracts conveyed to Donnie K. Fischer and Cindy A. Fischer in Substitute Trustee's Deed as recorded in Volume 13622, Page 2403, all of the Official Public Records of Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being more particularly described as follows: Beginning: at a found 5/8" iron rod on the southeasterly right of way line of Raf Burnette Road, a public right of way, being the west corner of a 14.25 acre tract, as conveyed to Bruce J. Wales by Warranty Deed, as recorded in Volume 14209, Pages 1254 -1258 of the Official Public Records of Bexar County, Texas, being the northeast corner of said 36.92 acre tract, and being the north corner of the herein described tract; Thence, leaving the southeasterly right of way line of said Raf Burnette Road, with the east boundary of said 36.92 acre tract, South 16 degrees 47 minutes 34 seconds East, a distance of 1,964.71 feet to a found 1/2" iron rod, being the east corner of said 36.92 acre tract, and being an angle point in the herein described tract; Thence, with the southeasterly boundary of said 36.92 acre tract, South 48 degrees 43 minutes 14 seconds West, a. distance of 142.65 feet to a found 5/8" iron pipe, being the north corner of said 135.06 acre tract, and being an interior comer of the herein described tract; Thence, with the easterly boundary of said 135.06 acre tract, South 30 degrees 30 minutes 40 seconds East, a distance of 2,296.74 feet to a found 5/8" iron pipe on the northwesterly boundary of said 70.824 acre tract, being an angle point in the herein described tract; Thence, with the northwesterly boundary of said 70.824 acre tract, North 59 degrees 30 minutes 13 seconds East, a distance of 218.72 feet to a found iron rod with a destroyed yellow plastic cap, being the north corner of said 70.824 acre tract, being the west corner of said 11.680 acre tract, and being an angle point in the herein described tract; Thence, with the northwesterly boundary of said 11.680 acre tract, North 59 degrees 12 minutes 56 seconds East, a distance of 337.37 feet to a found 1/2" iron rod, being the north corner of said 11.680 acre tract, and being an angle point in the herein described tract; Thence, with the easterly boundary of said 11.680 acre tract, South 28 degrees 40 minutes 09 seconds East, a distance of 1,271.70 feet to a point on a southeasterly Schertz City Limits Line, and being the most easterly corner of the herein described tract; Thence, with a southeasterly boundary of said Schertz City Limits Line, South 59 degrees 29 minutes 09 seconds West, passing the westerly boundary of said 11.680 acre tract and continuing said course passing the westerly boundary of said 70.824 acre tract for a total distance of 2,938.88 feet to a point on a westerly boundary of said 135.06 acre tract, and being the most southerly corner of the herein described tract; TBPE F -5297, TBPLS No. 10131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Pb. 210.698.5051 • Fx. 210.698.5085 Paee I of 2 Thence, with the northwesterly boundary of said 135.06 acre tract and the Schertz City Limits Line, the following two (2) courses: North 30 degrees 05 minutes 14 seconds West, a distance of 1,567.11 feet to a found iron rod with a yellow plastic cap stamped "BUTZ LAND SURVEYING ", being an angle point in the herein described tract; North 30 degrees 32 minutes 28 seconds West, a distance of 715.57 feet to a found iron rod with a red plastic cap, being the south corner of a called 25.01 acre tract as conveyed to Board of Trustees of the Schertz- Cibolo- Universa] City Independent School District in Special Warranty Deed as recorded in Volume 14298, Pages 7 -11 of the Official Public Records of Bexar County, Texas, being the west corner of the herein described tract; Thence, leaving the southwesterly boundary of said 135.06 acre tract, with the south and east boundary of said 25.01 acre tract and the Schertz City Limits Line, the following two (2) courses: North 49 degrees 37 minutes 09 seconds East, a distance of 1,342.29 feet to a found iron rod with a red plastic cap, being the east corner of said 25.01 acre tract, and being an interior corner in the herein described tract; North 40 degrees 07 minutes 58 seconds West, a distance of 858.27 feet to a found iron rod with a red plastic cap stamped "CEC 210 641- 999 ", being the north corner of said 25.01 acre tract, being the south corner of a called 37.921 acre tract as conveyed to Janis Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 152 -158 of the Official Public Records of Bexar County, Texas, being an angle point in the herein described tract; Thence, leaving the Schertz City Limits Line, with the southeasterly boundary, and the east boundary of said 37.921 acre tract, the following two (2) courses: North 49 degrees 56 minutes 07 seconds East, a distance of 603.34 feet to a found iron rod with a yellow plastic cap stamped `BUTZ LAND SURVEYING ", being the east corner of said 37.921 acre tract, and being the south corner of said 36.92 acre tract, being an interior corner of the herein described tract; With the west boundary of said 36.92 acre tract, North 20 degrees 10 minutes 44 seconds West, a distance of 2,087.07 feet to a found nail in asphalt on the southeasterly right of way line of said Raf Burnette Road, being the north corner of said 37.921 acre tract, being the west corner of said 36.92 acre tract, and being the most northerly northwest corner of the herein described tract; Thence, with the southeasterly right of way line of said Raf Bumette Road, and the northwesterly boundary of said 36.92 acre tract, North 60 degrees 11 minutes 04 seconds East, a distance of 870.32 feet to the Point of Beginning, containing 213.898 acre (9,317,414.98 square feet) of land. Note: Basis of bearing was established from the State Plane Coordinate System, North American Datum of 1983, Texas South Central Zone. An Exhibit of even date was prepared for this description. �A Q .G ..r ................... S... STEPHANIE L. JAMES �.o.. ................s... 5950 F: 9.y 0 '�f ' SUIR %�rro Stephanie L. James, . .L.S. Registered Professional Land Surveyor No. 5950 Date: 2021 -01 -21 Job No. 19037 VB TBPE F -5297, TBPLS No. 10131500 70 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 • Fx. 210.698.5085 Paee 2 of 2