2001A26-ANNEXATION NORTHCLIFF
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ORDINANCE NO..aL:.A -.< b
AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF THE
TERRITORY COMPRISING GUADCO MUNICIPAL UTILITY DISTRICT NO.1
AND RELATED MATTERS
WHEREAS, the City Council of the City of Schertz (the "City") wishes to annex the territory
described on Exhibit A (the "Annexed Land") comprising GUADCO Municipal Utility District No, 1 (the
"District"); and
and
WHEREAS, the Annexed Land is located entirely within the extraterritorial jnrisdiction of the City;
WHEREAS, the City Council of the City has conducted two pnblic hearings (i) for which notice was
properly given and (ii) at which people interested in the annexation were given the opportunity to be heard,
all in compliance with Chapter 43 of the Local Government Code, as amended (the "Act"); and
WHEREAS, the City has provided written notice of the annexation of the Annexed Land to each
public school district located in the area of the Annexed Land in compliance with the Act; and
WHEREAS, the City Council has directed the City Manager to prepare a service plan (the "Service
Plan") that provides for the extension of municipal services into the Annexed Land in accordance with the
Act; and
WHEREAS, the Service Plan, which is attached hereto as Exhibit B, has been discussed at such
public hearings; aIid
WHEREAS, the City has complied with all other requirements of the Act relating to annexation of
the Annexed Land; and
WHEREAS, the City Council of the City finds that (i) the Annexed Land is suitable for municipal
pnrposes and (ii) it is in the best interest of the City and the citizens andinhabitants thereof that the Annexed
Land be annexed to and made a part of the City; and
WHEREAS, the City believes that it is in the best interest of the citizens of the City and the
inhabitants of the Annexed Land that the District is abolished in accordance with the Act.
NOWTHEREFORE,BEITORDAlNEDBYTHECITYCOUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1, The City of Schertz hereby annexes the Annexed Land described in Exhibit A.
SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective
December 31, 200 I, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the
taxes levied by the City,
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SECTION 3. The Service Plan attached as Exhibit B is hereby adopted as a part of this Ordinance,
The Service Plan shall be valid for ten years, and renewal of the Service Plan shall be at the City's discretion,
SECTION 4. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges
of all the citizens of the City and shall be bound by the acts, ordinances, resolutions, and regulations of the
City,
SECTION 5, The District shall be abolished effectively at midnight on December 31,2001 and, in
accordance with the Act, the City shall thereupon succeed to all powers, duties, assets, and obligations of the
District.
SECTION 6, 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.]
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PASSED AND APPROVED on frrst reading the ~
Mayor
ATTEST:
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PASSED AND FINALLY APPROVED this the'/.l:b- da
of f),1'a..b,,( 2001.
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Mayor
ATTEST:
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Exhibit A
Description of the
Guadco Municipal Utility District No.1
495.5424 Acre Tract
495.5424 acres ofland out of the Rafael Garza Survey No. 98 and the J. F. Zepeda Survey No. 257 located
in Comal and Guadalupe Counties, Texas and the James W. Gray Survey and the Pedro San Miguel Survey
No, 256 located in Guadalupe County, Texas: being as follows: (1) a part of a 453.754 acre tract described
in Vol. 485 page 529 of the Guadalupe County Deed Records and No, 132860 of the Comal County Deed
Records, (2) a part ofa 171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed
Records and Vol. 214 page 23 of the Comal Co, Deed Records (3) all of a 30,647 acre tract described in Vol.
485 page 637 of the Guadalupe Co, Deed Records, (4) all ofa 16.155 acre tract described in Vol. 485 page
642 of the Guadalupe County Deed Records (5) all of a 25,531 acre tract which is part of a 76.356 acre tract
described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (6) all of a 55,255 acre tract which is
a part of a 76.370 acre tract described in Vol. 382 page 77 and also a part of said 76.356 acre tract descnbed
in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (7) 53.124 acres in Guadalupe and Comal
Counties and being a part of a 63.8 acre tract described in Vol. 83 page 258 of the Comal Co, Deed Records;
said 495.5424 acre tract being described as follows:
BEGINNING at an iron pin marking the most Westerly West corner of said 453.754 acre tract being on the
N,E. RIW line ofFM 1103 and being the South corner of said 53,124 acre tract;
THENCE N 300 06' 52,1" W along the S.W. boundary of said 53.124 acre tract being the N,B. RIW line of
FM 1103 a distance of918,66 ft. to a concrete monument with a brass plate marking the lower N.W. corner
of said 53,124 acre tract and being on the S. E. RIW line of Interstate Highway No.35;
THENCE following along the S.B. RIW line of said Interstate Highway No. 35 the following courses and
distances:
N 15028' E, 167.35 feet
N 59045' E, 338,20 feet
N 54023' E, 559,98 feet
N 54023' E, 444.42 feet
N 59045' E, 1148,80 feet
N 59045' E, 600.30 feet
S 75007'30" E, 116,00 feet
N 59028' E, 40,20 feet
N 15009' E, 116.00 feet
N 59045' E, 999.40 feet
N 70046' E, 570.60 feet
N 70023' 30" E, 192.56 feet
N 59045' E, 650,19 feet
N 47015' E, 460.27 feet
N 81058' 30" E, 47.56 feetto an iron pin marking the North corner of the above referred to 171.719
acre tract; "
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A-I
THENCE S 290 13' 30" E along the N.E. boundary of said 171.719 acre tract a distance of 50 1 feet to a point
for corner;
THENCE S 600 46' 30" W, 138,00 feet;
THENCE S 290 13' 30" E, 100,00 feet;
THENCE S 600 46' 30" W, 366.65 feet;
THENCE S 900 00' 00" W, 499,29 feet;
THENCE S 65015' 00" W, 1425.00 feet;
THENCE S 590 45' 00" W, 588,00 feet;
THENCE S 290 55' 13.8" E, 2115.06feet;
THENCE S 260 12' 05" E, 200.42 feet;
THENCE S 290 55' 13,8" E, 521.13 feet;
THENCE N 600 04' 46,2" E, 300.00 feet;
THENCE N 470 45' 00" E, 35.00 feet;
THENCEN 350 30' 00" E, 390,00 feet;
THENCE S 54030' 00" E, 185.00 feet;
THENCE N 350 30' 00" E, 30.00 feet;
THENCE S 540 30' 00" E, 970,00 feet;
THENCE S 350 30' 00" W, 20.48 feet;
THENCE S 290 55' 13.8" E, 397.14 feet;
THENCE S 590 18' 00" Wa distance of 620 feet to an inside corner of said 171.719 acre tract;
THENCE continuing S 590 18'00" W along a boundary of said 171.719 acre tract a distance of579,97 feet
to an iron pin marking the most Westerly South corner of said 171 ,719 acre tract;
THENCE S 61006' W a distance of8,08 feet to aRR. spike marking the North comer of the said 16,155 acre
tract;
THENCE S 290 37' Eadistance of699,92 feet to a R,R. spike marking the East corner of said 16,155 acre
,
tract; .
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THENCE S 580 52' W a distance of 15 feet to a v." re-bar;
THENCES 590 07' W continuing along the S.E.line of said 16.155 acre tract a distance of502.70 feet to an
iron stake being the North corner of the above referred to 55.255 acre tract;
THENCE following along the boundaries of said 55.255 acre tract the following courses and distances:
S 290 03' E, 572.43 feet
N 600 58' E, 257.70 feet
S 290 55' E, 1642.00 feet
S 50056' 45.1" W, 1665.97 feet
N 540 50' W, 361.00 feet
N 290 45' W, 525.91 feet to the South corner of above referred to 25.531 acre tract;
THENCE N 29045' W along the S.W. line of said 25.531 acre tract a distance of 14.09 feet to a point;
THENCE N 29027' W continuing along the S.W line of said 25.531 acre tract a distance of 860.10 feet to
a point;
THENCE N 280 32' W a distance of223.11 feetto the South corner of the above referred to 30.647 acre tract
being a 1" Galvanized iron pipe;
THENCE N 29039' 33.6" Wa distance of 1247.68 feet to a 1" G.I.P. marking the West corner of said 30.647
acre tract, being the lower South corner of said 453.754 acre tract;
THENCE following along the boundaries of said 453.754 acre tract the following courses and distances:
N 290 50' W, 789.50 feet
S 60011' W, 193.62feet
S 270 03' E, 167.71 feet
S 590 45' W, 895.80 feet
S 86041' W, 81.85 feet
N 40032' W, 249.70 feet to the P.C. of a curve to the right having a radius of 1870.08 feet and a
central angle of 10018';
THENCE following along said curve to the right a distance of336.18 feet to the P.T. of said curve being on
theN.E. R/Wline ofsaidFM 1103;
THENCE N 300 14' W continuing along the boundary of said 453.754 acre tract being the N.E. RIW line of
said PM 1103 a distance of 1222.10 feet;
THENCE N 30000' 03.8" W continuing along said N. E. RIW line ofFM 1103 a distance of 782.49 feet to
the point of beginning and containing 495.5424 acres more or less.
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A-3
Exhibit B
City of Schertz
Annexation of Northcliffe and a part of Scenic Hills (Guadco MUD 1)
The City of Schertz, Texas, proposes and adopts the following plan:
A. That upon installation of water and sewer lines as required by ordinances of the City, the City will
permit those services to be used according to the general standard and cope of those types of services
furnished by the City in other areas of the City of Schertz which have characteristics of topography,
patterns ofland utilization, and population density similar to this area being annexed.
B. That law enforcement service, animal control services, fire department services, and emergency
medical services will be provided by the City of Schertz according to the general standard and scope
of those services furnished by the City in other areas of the City of Schertz which have
characteristics oftopography, patterns ofland utilization, and population density similar to this area
being annexed.
C. That planning services, building inspections and code enforcement services will be made available
by the City of Schertz according to the same standard and scope of that type of service made
available by the City in other areas of the City of Schertz, Texas.
D. That library services will be made available by the City of Schertz according to the same standard
and scope of that type of service made available by the City in other areas of the City of Schertz,
Texas.
E. That functions of public works department including street repair and maintenance, drainage, parks
and recreation services will be made available by the City of Schertz according to the same standard
and scope of that type of service made available by the City in other areas of the City of Schertz,
Texas which have characteristics of topography, patterns ofland utilization, and population density
similar to this area being annexed.
F. That garbage collection service will be made available by the City of Schertz according to the same
standard and scope of that type of service made available by the City in other areas of the City of
Schertz, Texas.
G. That all other utilities available within the present corporate limits of the City of Schertz will be made
available to this area being annexed according to the capabilities ofthose companies providing those
utilities and according to any agreement, contract, or franchise that may exist between those
companies and the City of Schertz.
H. That this area being annexed and the residents thereof are entitled to the amenities of the City of
Schertz to the equal degree ofthe citizens presently within the corporate limits of the City of Schertz.
I. That the area being annexed and the residents thereof are entitled to and shall be governed by the
Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing
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B-1
I. That the area being annexed and the residents thereof are entitled to and shall be governed by the
Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing
directives that exist or may ever exist for those residents presently within the corporate liMits of the
City of Schertz.
J. That if this area being annexed is ever de-annexed, then only those laws, rules, regulations,
ordinances and any and all other governing directives that may apply to areas ofland within the extra
territorialjnrisdiction of the City of Schertz will be in effect.
K. That it is the intent of the City of Schertz to comply with the laws of the State of Texas that relate
to the annexation of territory.
1. That the provisions of this plan will commence upon the effective date of an approved and adopted
ordinance annexing this territory into the corporate linIits of the City of Schertz.
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B-2
EXHIBIT 1 B
GUADALUPE COUNTY
Schertz-Cibolo I.S.D. &
GUADCO MUD NO.1
project No. 1121.GUADCO 18
September 28, 2001
DESCRIPTION OF THE
GUADCO MUNICIPAL UTILITY DISTRICT NO, 1
386.97 ACRE TRACT
386.97 acres of land out of the Rafael Garza Survey No. 98 and the James W.
Gray Survey No. 255 located in Guadalupe County, Texas: being as follows: (1) a
part of a 453.754 acre tract described in Vol. 485 page 529 of the Guadalupe County
Deed Records and No. 132860 of the Comal County Deed Records, (2) a part of a
171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed
Records and Vol. 214 page 23 of the Comal Co. Deed Records (3) all of a 30.647
acre tract described in Vol. 485 page 637 of the Guadalupe Co. Deed Records, (4) all
of a 16.155 acre tract described in Vol. 485 page 642 ofthe Guadalupe County Deed
Records (5) all of a 25.531 acre tract which is part of a 76.356 acre tract described in
Vol. 352 page 100 of the Guadaluape Co. Deed Records, (6) all of a 55.255 acre tract
which is a part of a 76.370 acre tract described in Vol. 382 page 77 and also a part of
said 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed
Records, (7) 53.124 acres in Guadalupe and Comal Counties and being a part of a
63.8 acre tract described in Vol. 83 page 258 of the Comal Co. Deed Records; said
386.97 acre tract being described as follows:
BEGINNING at an Iron pin marking the most Northwesterly corner of said 386.97 acre
tract being on the N. E. RIW line ofF. M..1103 and being a point on the Comal-
Guadalupe County Line;
THENCE with the Comal- Guadalupe County Line, N 660 q2' 03.8" E, a distance of
3,372.43 feet to a point ofthe above referred to 171.719 acre tract, said point being
the Northeast corner of this survey;
THENCE S 290 55' 13.8" E, 1,023.07 feet along the boundary of said 171.719
acre tract;
THENCE S 26012' 05" E, 200.42 feet;
THENCE S 290 55'13.8" E, 521.13 feet;
THENCE N 600 04' 46.2" E, 300.00 feet;
THENCE N 47045' 00" E, 35.00 feet;
THENCE N 350 30' 00" E, 390.00 feet;
THENCE S 540 30' 00" E, 185.00 feet;
THENCE N 350 30' 00. E, 30.00 feet;
THENCE S 540 30' 00" E, 970.00 feet;
THENCE S 350 30' 00" W, 20.48 feet;
THENCE S 290 55' 13.8" E, 397.14 feet;
tract;
THENCE S 59018' 00" W, 620.00 feet to a point located on said 171.719 acre
THENCE continuing S 59018' 00" W along a boundary of said 171.719 acre
tract a distance of 579.97 feet to an Iron pin marking the most Westerly South corner
of said 171.719 acre tract;
THENCE S 610 06' W, a distance of 8.08 feet to a R. R. spike marking the
North corner of the said 16.155 acre tract;
THENCE S 290 37' E, a distance of 699.92 feet to a R. R. spike marking the
East corner of said 16.155 acre tract;
THENCE S 580 52' W a distance of 15 feet to a 1/4" Re-Bar;
THENCE S 59007' W continuing along the S. E. line of said 16.155 acre tract a
distance of 502.70 feet to an Iron stake being the North corner of the above referred
to 55.255 acre tract;
THENCE following along the boundaries of said 55.255 acre tract the following
courses and distances;
S 290 03' E, 572.43 feet;
N 600 58' E, 257.70 feet;
S 290 55' E, 1,642.00 feet;
S 500 56' 45.1" W, 1,665. 97 feet;
N 540 50' W, 361.00 feet;
N 290 45' W, 525.91 feet to the South corner of above referred to 25.531
acre tract;
THENCE N 290 45' W, along the S. W. line of said 25.531 acre tract a distance
of 14.09 feet to a point;
THENCE N 290 27' W, continuing along the S. W. line of said 25.531 acre tract
a distance of 860.10 feet to a point;
THENCE N 280 32.' W, a distance of 223.11 feet to the South corner of the
above referred to 30.647 acre tract being a 1" Galvanized Iron pipe;>
THENCE N 290 39' 33.6" W, a distance of 1,247.68 feet to a 1" G.I.P marking
the West corner of said 30.647 acre tract, being the lower South corner of said
453.754 acre tract;
THENCE following along the boundaries. of said 453.754 acre tract the
following courses and distances: .
N 29050' W, 789.50 feet
S 60011' W, 193.62 feet
S 270 03' E, 167.71 feet
S 590 45' W, 895.80 feet
S 860 41' W, 81.85 feet
N 400 32' W, 249.70 feet to the P.C. ora curve to the right having a radius of
1,870.08 feet and a central angle of 100 18';
THENCE following along said curve to the right a distance of 336.18 feet to the
P.T. of said curve; .
THENCE N 300 14' W, continuing along the boundary of said 453.754 acre
tract being the N. E. R/W line of said F.M. 1103, a distance of 1222.10 feet;
HENCE N 30000' 03.8" W, continuing along said N. E. R/W line of FM 1103 a
distance of 782.49 feet;
HENCE N 300 06' 52" W, continuing along said N. E. R/W line of FM 1103 a
distance of 190.05 feet to the Point of Beginning and containing 386.97 acres more or
less.
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, EXHIBIT 2A
GUADCO MUD NO. II
COMAL COUNTY
FORD ENGINEERING. INC.
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205-3792
WWW.FULBRIGHT.COM
MICHAEL L. SPAIN
PARTNER
MSPAI N@FULBRIGHT.COM
DIRECT DIAL:
TELEPHONE:
FACSIMILE:
(210) 270-7184
(210) 224~5575
(210) 270~7205
February 24, 2003
Mr. Jon Gary Herrera
Director of Public and Governmental Affairs
Tirne Warner Cable
84 N. E. Loop 410, Suite 200
San Antonio, Texas 78216
Re: AmIexation by the City of Schertz of the Territory Comprising GUADCO
Municipal Utility District Nos. 1 and 2
Dear Herrera:
I am City Attorney for the City of Schertz (the "City').
Please be aware that, effective at rnidnight December 31, 2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. 1 and 2. I enclose a copy of
the two ordinances of the City finally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of annexation.
Please record the annexations in your records so that City franchise fees may be collected
in the newly-annexed area.
MLS/mjw
Enclosures
Very tru
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052662,1
AUSTIN' DALLAS' HONG KONG' HOUSTON' LoNOON . Los ANGELES. MINNEAPOLIS' MUNICH' NEW YOF:K' SAN ANTONIO' WASHINGTON DC
~
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FULBRIGHT & ,JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205.3792
WWW.FULBRIGHT.COM
MICHAEL L. SPAIN
PARTNER
MSPAI N@FULBRIGHT.COM
DIRECT DIAL:
TELEPHONE:
FACSIMilE:
(210) 270~71a4
(210) 224-5575
(210) 270-7205
February 24, 2003
Mr. Hayden Childs
Telecommunications Department
Texas Public Utility Commission
1701 North Congress Avenue
Austin, Texas 78711-3326
Re: Proiect 23379
Dear Mr. Childs:
I am City Attorney for the City of Schertz (the "City").
Please be aware that, effective at midnight December 31,2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. 1 and 2. I enclose a copy of
the two ordinances of the City fmally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of annexation.
Please record the annexations in the Commission's records so that the newly-annexed
area may be included in determining the City's right-of-way fees pursuant to Chapter 283 of the
Texas Local Government Code, as amended.
MLS/mjw
Enclosures
Very
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052665,1
AUSTIN' DALLAS' HONG KONG' HOUSTON' LONDON' Los ANGELES' MINNEAPOLIS' MUNICH' NEW YORK' SAN ANTONIO' WASHINGTON DC
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABIL.ITY PARTNERSHIP
300 CONVENT STREET. SUITE 2200
SAN ANTONIO, TEXAS 78205-3792
WWW.FUL8RIGHT.COM
MICHAEL L. SPAIN
PARTNER
MSPAI N@FULBRIGHT.COM
DIRECT DIAL:
TELEPHONE:
f"ACSIMIL.E:
(210) 270-7184
(210) 224~S575
(alo) 270-7205
February 24, 2003
Cathy Candelario
SBC Communications
175 East Houston, Room 4J4
San Antonio, Texas 78205
Re: Annexation by the City of Schertz of the Territory Comprising GUADCO
Municipal Utility District Nos. 1 and 2
Dear Ms. Candelario:
I am City Attorney for the City of Schertz (the "City").
Please be aware that, effective at midnight December 31, 2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. 1 and 2. I enclose a copy of
the two ordinances of the City fmally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of the annexation.
Please record the annexations in your records so that the newly-annexed area is included
in determining the City's right-of-way fees pursuant to Chapter 283 of the Texas Local
Government Code, as amended.
Very
Michael . Spain
MLS/mjw
Enclosures
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052664,1
AUSTIN. DALl.AS . HONG KONG. HOUSTON. LONDON. Los ANGELES. MINNEAPOLIS. MUNICH. NEW YORK. SAN ANTONIO. WASHINGTON DC
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow , known to me, who, being by me duly sworn, on
his oath deposes and says that' he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
' , published in said newspaper -L time(s) before the return day named therein, such
publications being on the following dates:
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and a newspaper copy of which is hereto attached.
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Notary Public, Guadalupe County, Texas
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper \ time(s) before the return day named therein, such
publications being on the following dates:
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and a newspaper copy of which is hereto attached.
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