1989M34- BOUDARY ADJUSTMENT
Fi
ORDINANCE NO. tJ- jJ - 31f
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS. APPROVING THE BOUNDARY ADJUSTMENT
AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE
CITY OF SAN ANTONIO
WHEREAS, Vernon's Texas Civil Statutes, Local Government
Code, Section 43.031 allows adjacent municipalities to accomplish
mutually agreeable adjustments in their boundaries of areas that
are less than 1,000 feet in width; and
WHEREAS, there is a certain street right-of-way which
is located within the corporate limits of both the City of San
Antonio and the City of Schertz; and
WHEREAS,
municipalities to
this right-of-way;
this situation make it
adequatel y exercise their
and
diff icul t for
police powers
both
over
WHEREAS, both municipal i ties are ces irous of enter ing
into a boundary adjustment agreement to correct this situation;
and
WHEREAS, in
boundaries involve an
width; NOW THEREFORE,
no
area
event
that
would
is 1,000
this
feet
adjustment
or greater
in
in
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the Boundary Adjustment Agreement between the City
of Schertz and the City of San Antonio, datedA~'-et#~~'E.~0J"12'7
be, and the same is, hereby approved; and
TijAT, the City Manager is hereby authorized to execute
said agreement on behal f of the City of Schertz, Texas, and to
file for record a copy of this agreement in the real property
records of Bexar County, Texas.
Approved on first reading the
~Lday of
1JmJ~~, 1989.
. J-jdJ:
_,day of
PASSED,~~PPROVAD AND
---"'~~..-
ADOPTED this the
, 1989.
;:bd~
Mayor, City of
ATTEST:
City of Schertz
CITY
OF
SA.N
A.NTONIO
POBOX 839966
SAN ANTONIO. TEXAS 78283-3966
October 13, 1989
Mr. steve Simonson
Assistant City Manager
City of Schertz
P. o. Drawer I
Schertz, Texas 78154
Dear Mr. Simonson:
sj,~#!Ig,
Enclosed are two originals of the San Antonio -- ~y Boundary
Adjustment Agreement. Please enter your ordinance number and have
the appropriate officials sign both original copies and return them
to us. We will then present the agreement to our City Council and
obtain the necessary signatures to complete the agreement. Please
do not hesitate to call me if you have any questions.
Sincerely,
m C-O~
Michael C. O'Neal, AICP
Planning Administrator
Department of Planning
Attachments
AN EOUAL OPPORTUNITY EMPLOYER"
SAN ANTONIO -- SCHERTZ
BOUNDARY ADJUSTMENT AGREEMENT
This agreement is entered into by and
Antonio, a Texas Municipal Corporation,
City Manager pursuant to Ordinance No.
Schertz, a Texas Municipal Corporation,
City Manager pursuant to Ordinance No.
between the City of
acting by and through
, and the city
acting by and through
, witnesseth:
San
its
of
its
WHEREAS, V.T.C.A., Local Government Code section 43.031 allows
adjacent municipalities to accomplish mutually agreeable
adjustments in their boundaries of areas that are less than 1,000
feet in width; and
WHEREAS, there is certain street right-of-way which is located
within the corporate limits of both the City of San Antonio and the
City of Schertz; and
WHEREAS, this situation makes it difficult for both municipalities
to adequately exercise their police powers over this right-of-way;
and
WHEREAS, both municipalities are desirous of entering into a
boundary adjustment agreement to correct this situation; and
WHEREAS, in no event would this adjustment in boundaries involve an
area that is 1,000 feet or greater in width;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. General Terms and Conditions
A. The city of San Antonio, in order to achieve a mutually
agreeable boundary adjustment with the city of Schertz, hereby
agrees to relinquish jurisdiction and control over the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
B. The City of Schertz, in order to achieve a mutually
agreeable boundary adjustment with the City of San Antonio,
agrees to include within its corporate limits the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
C. The City of Schertz agrees to file for record a
this agreement in the real property records of Bexar
Texas.
copy of
County,
Page 1 of 3
2. Severabilitv
If for any reason, anyone or more paragraphs of this agreement is
held invalid, such judgement shall not affect, impair or invalidate
the remaining paragraphs of the 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 this agreement in any instances.
3. Applicable Law
This agreement shall be construed in accordance with the laws of
the state of Texas.
4. 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:
IF TO THE CITY OF SCHERTZ
city of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Ms. Norma S. Rodriguez
city Clerk
City of Schertz
P. O. Drawer I
Schertz, Texas 78154
Attn: Mr. Kerry R. Sweatt
City Manager
without affecting the validity of the service of any notice,
request, demand, report, or certificate or other instrument, copies
thereof intended for the parties shall be sent to their respective
counsel at the address set forth below or such other counsel as may
be hereafter designated by either party from time to time, by
written notice to the other party.
IF TO THE CITY OF SAN ANTONIO:
IF TO THE CITY
OF ~vr
City of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Mr. Lloyd Garza
City Attorney
City of Schertz
Fulbright & Jaworski
300 Convent, suite 2200
San Antonio, Texas 78205
Attn: Mr. Michael Spain
City Attorney
Page 2 of 3
ACKNOWLEDGEMENTS
In witness of which this agreement has been executed in duplicate.
CITY OF SCHERTZ
By:
Attest:
Title:
Title:
Date:
STATE OF TEXAS
COUNTY OF BEXAR
This instrument
by
Texas Municipal
was acknowledged before me on
, City Manager of the City of Schertz, a
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
Page 3 of 3
EXHIBIT A
A boundary description for a mutally agreeable boundary adjustment
between the City of San Antonio and the city of Schertz containing
approximately five acres of land and being more particularly
described as follows:
Beginning at the point of intersection of the northeast
right-of-way line Binz Engleman Road and the east boundary line of
the remaining parcel 2A containing approximately 0.912 acres out of
NCB 16553.
THENCE:
in a southeasterly direction along the northeast
right-of-way line of Binz Engleman Road to an
angle point; said point being the southeast corner
of P-6 out of NCB 16553.
THENCE:
in a southwesterly direction across the
right-of-way of Binz Engleman Road to a point on
the southwest right-of-way line of Binz Engleman
Road.
THENCE:
in a northwesterly direction along the southwest
right-of-way line of Binz Engleman Road to a point
of intersection with the common boundary line of
Parcel 2A and Parcel 7, NCB 16553.
THENCE:
in a northeasterly direction across the
right-of-way of Binz Engleman Road along an
extension of the common boundary line of Parcel 2A
and Parcel 7, NCB 16553 to a point on the
northeast right-of-way line of Binz Engleman Road;
said point being the point of intersection of the
east boundary line of the remaining portion of
Parcel 2A, NCB 16553, containing approximately
0.912 acres and the northeast right-of-way line of
Binz Engleman Road and the point of beginning for
this area of mutually agreeable boundary
adjustment between the City of San Antonio and the
city of Schertz containing approximately five
acres of land.
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CITY
OF
SAN
ANTONIO
',~)I~ ,"J i\ ~\I -: ~~ i
T=;</,l~~ '-8?8:3-'3-j,~),,~
October 13, 1989
Mr. steve Simonson
Assistant City Manager
City of Schertz
P. O. Drawer I
Schertz, Texas 78154
Dear Mr. Simonson:
s<"Ir~,e.Ig,
Enclosed are two originals of the San Antonio -- ~y Boundary
Adjustment Agreement. Please enter your ordinance number and have
the appropriate officials sign both original copies and return them
to us. We will then present the agreement to our City Council and
obtain the necessary signatures to complete the agreement. Please
do not hesitate to call me if you have any questions.
Sincerely,
m C,()~
Michael C. O'Neal, AICP
Planning Administrator
Department of Planning
Attachments
4N EQUAL OPPORTUNITY EMPLOYER
r'
.1'"")
"
'..
SAN ANTONIO -- SCHERTZ
BOUNDARY ADJUSTMENT AGREEMENT
This agreement is entered into by and
Antonio, a Texas Municipal Corporation,
city Manager pursuant to Ordinance No.
Schertz, a Texas Municipal Corporation,
City Manager pursuant to Ordinance No.
between the City of
acting by and through
, and the City
acting by and through
, Witnesseth:
San
its
of
its
WHEREAS, V.T.e.A., Local Government Code Section 43.03l allows
adjacent municipalities to accomplish mutually agreeable
adjustments in their boundaries of areas that are less than 1,060
feet in width; and
WHEREAS, there is certain street right-of-way which is located
within the corporate limits of both the City of San Antonio and the
City of Schertz; and
WHEREAS, this situation makes it difficult for both municipalities
to adequately exercise their police powers over this right-of-way;
and
WHEREAS, both municipalities are desirous of entering into a
boundary adjustment agreement to correct this situation; and
WHEREAS, in no event would this adjustment in boundaries involve an
area that is 1,000 feet or greater in width;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
l. General Terms and Conditions
A. The City of San Antonio, in order to achieve a mutually
agreeable boundary adjustment with the City of Schertz, hereby
agrees to relinquish jurisdiction and control over the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
B. The City of Schertz, in order to achieve a mutually
agreeable boundary adjustment with the City of San Antonio,
agrees to include within its corporate limits the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
C. The City of Schertz agrees to file for record a
this agreement in the real property records of Bexar
Texas.
copy of
County,
Page 1 of 3
r
~
2. Severabilitv
If for any reason, anyone or more paragraphs of this agreement is
held invalid, such judgement shall not affect, impair or invalidate
the remaining paragraphs of the 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 this agreement in any instances.
3. Applicable Law
This agreement shall be construed in accordance with the laws of
the state of Texas.
4. 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:
IF TO THE CITY OF SCHERTZ
City of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Ms. Norma S. Rodriguez
City Clerk
City of Schertz
P. O. Drawer I
Schertz, Texas 78154
Attn: Mr. Kerry R. Sweatt
City Manager
without affecting the validity of the service of any notice,
request, demand, report, or certificate or other instrument, copies
thereof intended for the parties shall be sent to their respective
counsel at the address set forth below or such other counsel as may
be hereafter designated by either party from time to time, by
written notice to the other party.
IF TO THE CITY OF SAN ANTONIO:
IF TO THE CITY OF~
City of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Mr. Lloyd Garza
City Attorney
City of Schertz
Fulbright & Jaworski
300 Convent, Suite 2200
San Antonio, Texas 78205
Attn: Mr. Michael Spain
City Attorney
Page 2 of 3
('
f)
ACKNOWLEDGEMENTS
In witness of which this agreement has been executed in duplicate.
CITY OF SCHERTZ
By:
Attest:
Title:
Title:
Date:
STATE OF TEXAS
COUNTY OF BEXAR
This instrument
by
Texas Municipal
was acknowledged before me on
, city Manager of the City of Schertz, a
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
by
a Texas Municipal
was acknowledged before me on
, City Manager of the City of San Antonio,
Corporation, on behalf of said corporation.
Notary Public, State of Texas
My commission expires
Page 3 of 3
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EXHIBIT A
A boundary description for a mutally agreeable boundary adjustment
between the City of San Antonio and the City of Schertz containing
approximately five acres of land and being more particularly
described as follows:
Beginning at the point of intersection of the northeast
right-of-way line Binz Engleman Road and the east boundary line of
the remaining parcel 2A containing approximately 0.912 acres out of
NCB 16553.
THENCE:
in a southeasterly direction along the northeast
right-of-way line of Binz Engleman Road to an
angle point; said point being the southeast corner
of P-6 out of NCB 16553.
THENCE:
in a southwesterly direction across the
right-of-way of Binz Engleman Road to a point on
the southwest right-of-way line of Binz Engleman
Road.
THENCE:
in a northwesterly direction along the southwest
right-of-way line of Binz Engleman Road to a point
of intersection with the common boundary line of
Parcel 2A and Parcel 7, NCB l6553.
THENCE:
in a northeasterly direction across the
right-of-way of Binz Engleman Road along an
extension of the common boundary line of Parcel 2A
and Parcel 7, NCB 16553 to a point on the
northeast right-of-way line of Binz Engleman Road;
said point being the point of intersection of the
east boundary line of the remaining portion of
Parcel 2A, NCB 16553, containing approximately
0.912 acres and the northeast right-of-way line of
Binz Engleman Road and the point of beginning for
this area of mutually agreeable boundary
adjustment between the City of San Antonio and the
city of Schertz containing approximately five
acres of land.
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SAN ANTONIO -- SCHERTZ
BOUNDARY ADJUSTMENT AGREEMENT
This agreement is entered into by and
Antonio, a Texas Municipal corporation,
City Manager pursuant to Ordinance No.
Schertz, a Texas Municipal Corporation,
City Manager pursuant to Ordinance No.
between the City of
acting by and through
, and the City
acting by and through
, witnesseth:
San
its
of
its
WHEREAS, V.T.C.A., Local Government Code Section 43.031 allows
adjacent municipalities to accomplish mutually agreeable
adjustments in their boundaries of areas that are less than 1,000
feet in width; and
WHEREAS, there is certain street right-of-way which is located
within the corporate limits of both the City of San Antonio and the
City of Schertz; and
WHEREAS, this situation makes it difficult for both municipalities
to adequately exercise their police powers over this right-of-way;
and
WHEREAS, both municipalities are desirous of entering into a
boundary adjustment agreement to correct this situation; and
WHEREAS, in no event would this adjustment in boundaries involve an
area that is 1,000 feet or greater in width;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
l. General Terms and Conditions
A. The City of San Antonio, in order to achieve a mutually
agreeable boundary adjustment with the city of Schertz, hereby
agrees to relinquish jurisdiction and control over the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
B. The City of Schertz, in order to achieve a mutually
agreeable boundary adjustment with the City of San Antonio,
agrees to include within its corporate limits the land
described in Exhibit A and shown on the map in Exhibit B,
attached hereto and incorporated herein for all purposes.
C. The city of Schertz agrees to file for record a
this agreement in the real property records of Bexar
Texas.
copy of
County,
Page 1 of 3
2. Severability
If for any reason, anyone or more paragraphs of this agreement is
held invalid, such judgement shall not affect, impair or invalidate
the remaining paragraphs of the 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 this agreement in any instances.
3. Applicable Law
This agreement shall be construed in accordance with the laws of
the state of Texas.
4. 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:
IF TO THE CITY OF SCHERTZ
City of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Ms. Norma S. Rodriguez
city Clerk
City of Schertz
P. O. Drawer I
Schertz, Texas 78154
Attn: Mr. Kerry R. Sweatt
City Manager
without affecting the validity of the service of any notice,
request, demand, report, or certificate or other instrument, copies
thereof intended for the parties shall be sent to their respective
counsel at the address set forth below or such other counsel as may
be hereafter designated by either party from time to time, by
written notice to the other party.
IF TO THE CITY OF SAN ANTONIO:
IF TO THE CITY
OF ,l:ifJ:f
City of San Antonio
P. O. Box 839966
San Antonio, Texas 78283-3966
Attn: Mr. Lloyd Garza
City Attorney
City of Schertz
Fulbright & Jaworski
300 convent, suite 2200
San Antonio, Texas 78205
Attn: Mr. Michael Spain
City Attorney
Page 2 of 3
ACKNOWLEDGEMENTS
In witness of which this agreement has been executed in duplicate.
CITY OF SCHERTZ
By:
Attest:
Title:
Title:
Date:
STATE OF TEXAS
COUNTY OF BEXAR
This instrument
by
Texas Municipal
was acknowledged before me on
, City Manager of the City of Schertz, a
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
by
a Texas Municipal
was acknowledged before me on
, City Manager of the city of San Antonio,
Corporation, on behalf of said corporation.
Notary Public, State of Texas
My commission expires
Page 3 of 3
EXHIBIT A
A boundary description for a mutally agreeable boundary adjustment
between the City of San Antonio and the City of Schertz containing
approximately five acres of land and being more particularly
described as follows:
Beginning at the point of intersection of the northeast
right-of-way line Binz Engleman Road and the east boundary line of
the remaining parcel 2A containing approximately 0.912 acres out of
NCB 16553.
THENCE:
in a southeasterly direction along the northeast
right-of-way line of Binz Engleman Road to an
angle point; said point being the southeast corner
of P-6 out of NCB 16553.
THENCE:
in a southwesterly direction across the
right-of-way of Binz Engleman Road to a point on
the southwest right-of-way line of Binz Engleman
Road.
THENCE:
in a northwesterly direction along the southwest
right-of-way line of Binz Engleman Road to a point
of intersection with the common boundary line of
Parcel 2A and Parcel 7, NCB 16553.
THENCE:
in a northeasterly direction across the
right-of-way of Binz Engleman Road along an
extension of the common boundary line of Parcel 2A
and Parcel 7, NCB l6553 to a point on the
northeast right-of-way line of Binz Engleman Road;
said point being the point of intersection of the
east boundary line of the remaining portion of
Parcel 2A, NCB l6553, containing approximately
0.912 acres and the northeast right-of-way line of
Binz Engleman Road and the point of beginning for
this area of mutually agreeable boundary
adjustment between the City of San Antonio and the
City of Schertz containing approximately five
acres of land.
H-l893
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