2008A03-Annexation-LookoutIII IIIIIIIII IIIIIIIIIIII IIIIIIII IIIIII IIIIII II1.11 PM_PFFIDBVIT 1/10 _..
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ORDINANCE NO. _08-A-03_
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ PROVIDING FOR THE EXTENSION OF THE BOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF
APPROXIMATELY 5.062 ACRES, BEING A PORTION OF LOOKOUT
ROAD; AND RELATED MATTERS
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
WI~REAS, the Annexed Land is located entirely within the extraterritorial jurisdiction
of the City and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as
amended (the "Act"); and
WHEREAS, the City has complied with all 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 purposes and (ii) 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.
NOW THEREFORE, BE Tl' ORDAINED BY THE CITY COUNCII, OF THE
CITY OF SCHERTZ, TEXAS:
SECTION I. 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 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.
SECTION 3. 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 4. This Ordinance shall be in force and effect from and after its final passage.
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50037250.1 L
PASSED AND APPROVED on first reading the ~ day of January,
2008
PASSED AND FINALLY APPROVED on second and final reading the
day of January, 2008.
ATTEST:
ity Secretary
(CITY SEAL)
50037250.1
CITY OF SCHERTZ, TEXAS
ANNEXATION SERVICE PLAN
AREA ANNEXED
A 5.062 acre tract of land located in Guadalupe and Comal Counties and being out of the
Torribio Herrera Survey No. 68, Abstract No. 153 in Guadalupe County and Abstract No. 205 in
Comal County, Texas and the Vicente Michell Survey No. 114, Abstract No. 383 in Comal
County, Texas being the location of Lookout Road.
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 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 incomparable 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.
Exhibit A
Metes and Bounds Description
5.062 ACRES
Field notes describing 5.062 acres of land, located in Guadalupe and Comal Counties,
Texas and situated in the Torribio Herrera Survey No. 68, Abstract No. 153 in
Guadalupe County and Abstract No. 205 in Comal County, Texas; also being partially
situated in the Vicente Michell Survey No. 114, Abstract No. 383 in Comal County,
Texas being more particularly described as follows:
BEGINNING at a Texas Department of Transportation right of way monument found on
the northeastern line of Lookout Road at the cut-back of Lookout Road and Interstate
Highway 35, for a corner of that certain 68.207 acre tract of land conveyed to Mid Cities
35 Partners, Ltd in Document No. 200606013052 of the Official Records of Comal
County, Texas, for the easternmost corner of this 5.062 acres;
THENCE South 59° 38' 03" West, a distance of 59.99 feet across said Lookout Road to
a Texas Department of Transportation right of way monument found in the southwestern
side of said Lookout Road a the cutback of Lookout Road and Interstate Highway 35 for
a corner of the remainder of that certain 10.902 acre tract recorded in Volume 812, Page
302 of the Deed Records of Guadalupe County, Texas for a corner. of this 5.062 acres;
THENCE North 30° 32' 48" West along the southwestern line of said Lookout Road, the
northeastern line of the said remainder of 10.902 acres, the northeastern line of that
certain tract of land called to contain 69.641 acres in Volume 511, Page 176 of the Deed
Records of Guadalupe County, Texas at 1015.29 feet pass a''/z inch iron rod with yellow
cap marked "Ford Eng. Inc." set for the northernmost corner of the said 10.902 acre
tract, the easternmost corner of the said 69.641 acre tract, at 1926.01 feet pass a % inch
iron rod with yellow plastic cap marked "Ford Eng. Inc." set on a line a distance in all of
3,518.76 feet to a fence corner found for a corner of the said 69.641 acre tract, for a
corner of this 5.062 acres;
THENCE North 77° 43' 44" West, a distance of 39.22 feet along a northern line of
Lookout Road, a line of the said 69.641 acre tract to a fence corner found for a corner of
the said 69.641 acre tract, for a corner of this 5.062 acres;
THENCE South 59° 24' 38" West, a distance of 32.99 feet along the northwestern line of
the 69.641 acre tract, the southeastern line of said Lookout Road to a point for a corner
of this 5.062 acre tract of land;
THENCE North 30° 35' 22" West, a distance of 60.16 across said Lookout Road to a '/z
inch iron rod found for the easternmost corner of that certain 50.00 acre tract of land
recorded in Document No. 200506048096 of the Official Records of Comal County,
Texas, a corner of that certain 77.02 acre tract of land conveyed to Schertz Pt Industrial
Associates Land, LP, in Document No. 200506044663 of the Official Records of Comal
County, Texas for a corner of this 5.062 acre tract of land;
THENCE North 58° 52' 48" East, a distance of 89.67 feet along the southeastern line of
the said 77.02 acre tract to a Y~ inch iron rod found for a corner of the said 77.02 acre
tract, for a corner of this 5.062 acre tract of land;
THENCE South 30° 29' 51" East, a distance of 29.48 feet along a line of the said 77.02
acre tract to a '/~ inch iron rod found for a corner of the said 77.02 acre tract, a corner of
said Lookout Road, for a corner of this 5.062 acre tract of land;
THENCE North 59° 58' 24" East, a distance of 32.69 feet along a line of the said 77.02
acre tract, a line of said Lookout Road to a point for the westernmost corner of that
certain 14.254 acre tract of land conveyed to Mid Cities 35 Partners, Ltd in Document
No. 200606013052 of the Official Records of Comal County, Texas for a corner of this
5.062 acre tract of land;
THENCE South 30° 32' 18" East along the northeastern line of said Lookout Road ,the
southwestern line of the said 14.254 acre tract, the southwestern line of the said 68.207
acre tract, at 580.12 feet pass a '/~ inch iron rod found for the southwestern corner of the
said 14.254 acre tract, the northwestern corner of the said 68.207 acre tract, at 1846.33
pass a Yz inch iron rod found on line, a distance in all of 3,576.86 feet to the PO/NT OF
BEGINNING and containing 5.062 acres of land.
Reference Bearing is NAD 83 Texas State Plane Coordinate System
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GUAOALUPE CO ABSTRACT N0. 153
COMAL CO ABSTRACT ND. 205
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LINE BEARING DISTANCE
L1 S 59'3803 W 59.99
L2 x 77'43'44' W 39.22'
L3 S 59'24'38 W 32.88
L4 N 30'3522 W 60.16
LS N 58'52'48" E 89.67'
L6 S 3029 51 E 29.48'
U N 59'58'24" E 32.89'
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EXHIBTI' A
PROPERTY TO BE ANNEXED
A 5.062 acre tract of land located in Guadalupe and Corral Counties and being out of the
Torribio Herrera Survey No. 68, Abstract No. 153 in Guadalupe County and Abstract No. 205 in
Corral County, Texas and the Vicente Micheli Survey No. 114, Abstract No. 383 in Corral
County, Texas being the location of Lookout Road.
50037250.1 A-1
EXHIBIT B
ANNEXATION TIMELINE
November 13, 2007 City Council adopts resolution authorizing and directing (1) the
delivery of notice of intent to annex to necessary groups; (2)
preparation by the Planning Department of service plan for proposed
annexation area; (3) publication of notices of hearings for the
annexation.
November 14, 2007 Planning Department begins preparation of proposed service plan for
area to be annexed
Planning Department gives written notice of the City's intent to annex
to property owners in the area, public and private entities providing
services to the area, and each railroad company that serves the City if
the right-of--way is in the area proposed for annexation
November 30, 2007 Publish notice of first public hearing in newspaper; post notice of first
public hearing on City's Internet website (Note: Notice on website must
remain posted through hearing date.)
December 10, 2007 Planning Department finalizes service plan for area proposed for
annexation
December 18, 2007 First public hearing at City Council meeting
December 20, 2007 Second public hearing at City Council meeting (location may be
required to change)
January 8, 2008 First City Council consideration of annexation ordinance
January 15, 2008 Second City Council consideration of annexation ordinance
soosss~z~ B-1
I, BRENDA DENNIS, City Secretary in and for the City of Schertz, Texas, DO
HEREBY CERTIFY that the attached and foregoing is a full, true and correct copy of
Ordinance No. 08-A-03, providing for the extension of the boundary lines of the City of
Schertz, Texas by the annexation of approximately 5.062 acre tract of land located in
Guadalupe and Comal Counties and being out of the Torribio Herrera Survey No. 68,
Abstract No. 153 in Guadalupe County and Abstract No. 383 in Comal County, Texas
being the location of Lookout Road. Said Ordinance was approved on first reading the
8`h day of January 2008 and finally approved on January 15, 2008.
I FURTHER CERTIFY that the public notice of the time, place and purpose of said
meetings were posted in accordance with V.T.C.A., Government Code, Section 551.041.
WITNESS MY HAND AND SEAL OF SAID CITY on this 15`h day of January, 2008.
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City Secretary, City of Schertz, Texas
(SEAL OF CITY)
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50037250.1
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