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2002A27 Extension territory of Hillstar InvestmentsORDINANCE NO.~ ~ - ~- 7 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY. OF SCHERTZ, TEXAS BY THE ANNEXATION OF CERTAIN TERRITORY OWNED BY HII..LSTAR IlWESTMENTS, LTD.; DECLARING AN EMERGENCY; AND RELATED MATTERS WHEREAS, HILLSTAR INVESTMENTS, LTD. (the "Property Owner") has, by petition, requested that the City Council of the City of Schertz (the "City") annex the territory described on Exhibit A (the "Annexed Land") which is owned by the Property Owner; and WHEREAS, the Annexed Land is Located entirely within the extraterritorial jurisdiction of the City and may be annexed pursuant to Section 43.028 of Chapter 43 of the 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; 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 December 31, 2002, 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. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. PASSED AND APPI:OVED the .~ C ' day of December,.2002. ,~ ~. Mayor v ATTEST: ~~Ci Se et 12/19/02 14:54 FAX 210 525 1027 ALAffiO a~'1DEL17'Y -+ J+'tvi~~ vnn ~....~. ~.... ~~~~~~ v~~ ~~-~ ~ ~I~.~ SLAP ~~~®~~~~®37752 8a~: Ragges; -- File~ 8 IteeOr~ed 11l1~t2892 ~ni4;39 ii~l JOY STRE97ER Warranty Aeed nth Vendor's ~`t~~" RECRRDIt!& fEE S 11.99 t PRESQtV f x.99 Date: November 4, 2002 ,~ ~ ~ 1.99 Grantor: Nicdar, IrzC_ Grantor's Mailing Address' 19106 Chaska 'Way ' San Antonio, Bexar County, Texas 78256 Grantee: Hillstar Xnvestments, Ltd. Grantee's Mailing Address: 1916 Cane Del Norte, Suite 48 Laredo, Vf~ebb County, Texas 78041 Consideration: Ten andNo/100 Dollars,($1O_QO), other good antd valuable consideration, and a note of even date executed by Craz-tee and payable to the order of Falcon International Sank, in the principal amount of Cne Million Three I3nndred Eleven Thousand Two Hundred andNoll00 Dollars ($1,311,200.00). The note is secured by a fast and superior vendor`s lieu and superior title retained itt this deed and by a first lien deed of -trust of even date from Ray A_ Gonzales, Trustee. Properly (including any improvements): BEING: A.II that certain tract of parcel of land situated partly ir! Corral Couztty, Texas, and partly in Guadalupe County, Texas, containing 96.76 acres of land, being part oftbe original SutveyNo. z58, in the name ofC. M. Gahagau, AbstractNo_ 142 in Corral County, and Abstract No. 182 in Guadalupe County, located about sic miles Soulbwest of the City of New Braunfels, Texas; said 96.?6 acre tract being a portion of a called 97.47 acre tract as described in a deed to 1/laise Barton Filer, Trustee under the Wiil of Melvin L. Fiscr, recorded in Volume 263, Page 771, Corral County Aged Ytecords; and being more particularly described in Exhibit "A", attached hereto and made a part hereof; Save and Except a 9.0 acre tract being store particularly described in Exhibit "B", attached hereto and made a part hereof_ Reservations from and Exceptions to Conveyance and 'Warranty. PQge I ~,~~ ~~~~p~~ goo/ZOO ~j ------- ~'1•LIZ OWV'[V - - - l.zc~.caan T~ vva cn•s,T 7n iRT/7T 12./19/02 14:54 FAo 21fl 525 1027 ALA6S0 FIDELITY JIVi,r. ~~~ L -°• --- Fasemeuts, rights-of--way, and prescripttve rights, whether of record of not; all presently recorded restrictions, reservations, covenants, conditions, orl atxd ~ leases, ~~ Severances, and other instrtitnents, other than liens and conveyances, that affect the property; rights of adjoizvng owners m auy walls and fences situated ou a common boundary; any discrepancies, conflicts, or shortages im area or boundary Imes; any encrOarhr~r!tc or overlapping of improvements; taxes for 2002, the paytnr~t of ~~ Grtantee asgUtnes; and Subsequent assessments for that and prior years due to change in land usage, ownership, or both, the Payment of vrlxich Grantee assumes. Grantor, for the Consideration and subject to tfie Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and apptutcnances ihexeto in any way belonging, to have and to hold it to Grantee. and Grantee's heirs, successors, aad assigns forever. Grantor binds C'srantor and Grantor's heirs and successors t0 warratrt and forever defend all and singular the Property to Grantee and Grantee's heirs, sttCeessors, and assigns against every person wltamsoever lawfully claimiag or to claim the same or any part thereof, except as to the Reservations from Conveyance az~d the Exceptions to Conveyance and VYarrauty. The vendor's lien as Sn¢t and superior title to the Property are retained until each note described ~ folly paid according to its terms, at which ti3aae this deed will become absolute. Falcon International Bank, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for the banefit of Falcon International Bank and are transferred to Falcon International Bank without recourse against Grantor. When the context requites, singular nouns and pronouns include the plural. I~IICDAR, II~CC. ay. Rod .Gonzales, t Page 3 900/£00~ -- --- - -- ~'T.I,TJ, (1NV'iV - - - - 17ctca~n77 vua en-aT 7A /CT i~r 12/19/02 14:54 FAg 210 525 1027 ALA.6g0 FIDELITY -+ asut~n una~ ~.,.,~, ....., STATE OF TEXAS * COYJNTY OF BF~R This instaument was acknowledged before rae on this 4'~ day of November, 2Q02, by Roclolfo R_ Gonzales, President of Nicdar, Inc. ,.~.,, T.~-:'4s VA L E. d U VE -r~~t_ ntoTnav pUeuG ~'~ sT~rfo~t~x~-s "s's'~~ `,,,~ ,_.•~• MyComm_Exp.ua-28-2005 AFTER RECORDING R:I'sTUItN TO: Hillsrar investments, Ltd. 1516 Calle Del Norte, Suite 48 Laredo, Texas 7804I Page 3 NQTAR C, STATE OF TEXAS 9001600F~ --~---'(,LIZ O3QV'IV L7,SLSBbnTZ Yva gn-nr ~niaTizT '/' C t U- ! O Y- 1 J U J P. L Ar~exa~ion ~ppl~~ation • Project Name: ~/~~ ~~ ~~~.~ • Assessor's Parcel Number: Project f,acation: _ I~ ~ ~ ~ ~~ G =,~~, ~f~,~~~c,~ • For the proposed annexation provide acreage, land use, and zoning information for each parcel. Gross Acres ~f~ Existing Zoning Proposed Zoning ~ S • Proposed Land Use ~~~; ~_ ,.,~~ Intent of this request: 8a Contact Person: Name ~~~~ Ic/ (~~; ~~hone: fz~j 7la-z J~ 7 Address: ~ii~=~~ i~~-~~~~ ~; ~ ~LJ ~/~ ~~; Fax ~~~ y~~ -2i s City: `S-.~ ~ !,„oState ~ Zip Code 7~~ ~ ~ R55~ .Applicant: Name --darn ~~~- ,4 rl~ h cp v ~ Phone: {) ~2 7 _ <~ o tf 7 q>'G Address: j~ j~ ~~.j/~ ,~7~% ~,~-~~. Fax () 7~ ?_- 8//~ City: Ca `,~Cjo State~_ Zip Code. 78Q~~/ u~llst~r jn~2s~"men~-s Ltdgs~ Owner(s): Address:, - _ ~ ~ ~ .. ~ / i Fax () 7~ ~ - £~ t~~, City:_ L~~ ~ _/o State~_ Zip Code 78~ y Please submit application to the Planning Department; City of Schertz 1400 Schertz Parkway, Schertz, TX 78154 210-658-461 I Ext I 123, FAX- 2I0-658-9627 ,e /t4'- (\' (-~ ~ J P_ Fi] ©~~0a~ ` . \~ - ~ ~ ~• - \. ~ ~~~ \ 7j / ~~ )' I y~~ , 5 ~u ,liGl~" ~;-o ~r~ ~~i S ~, ~.~> >~ gyp, ~ ~~~'A .~ `~ ~r _n~ / {"~C ~ O~~'S~~ V `~qa~ r°~ ~3x \~ G R s~- I `~ i ~. ` ~ 9$r. k1 ~ Qoy4 ~ \ 1 ~`°` 1 of ~ '9~ 12/19/02 14:54 FAX 210 525 1027 ALAZfO FIDELITY EXHSRIT "A° 96.76 ACRES ~~~ STA1E plc TE7CA„S covlvrx-oF coltaAr, CaIIDI7Y O~ (RJADAx.UPE -~ JiuiVt; inn ~....,,, .,.. _ Fsdd notes for 96.76 acrd of land out of The C.M. Gat>agaa Jr. Sruvay Number 25E, Abs4act Numbs 142 is Comm County, T4caa and Abstract Ntmt6cr 182 in Corral Comity, Tcx+~. Said 96.76 acre tract beinP a pottim of a eallal 97,447 ttcrc tract as d4cn'btd is s deed m Eloise Ratios I'iaer, 1Ytcstee trades the WUi of Mextrm I,. Piset, trxortlod in Voitnma 263, page 77l of the l?ari R,econds of c~ttttal County, 'loxes and maa~e parEirarlady by mecca sad bouods as follows; S1rGIIVNING at a Type I T?cDOT Momiateat found on the south Right-Of f Way line of I[rter5tate l;tlghway 35 tiDt the aotthe~t ootner of the herr.Qr described tm~t uid bring the southeast corner of a 0.044 acct tract as domed in Doc Non;bar 9806026793 of the ' Comet County Officio! i?ublic Records. TBENCB alvag Ore cutoff; South 67° 54' 40" East, a dgtenca of 62.64 feet to a one half incTy steel pin set for a corner of tbaA pact acrd bdgg oft the west Right-Of-Way line of Eckhardt]taad_ _ THENCE along the west Rightr0(Way tine of Fsckhardt Road the Following four ca[is; South OS° 19' 03" East, a distance of 7455.32 feet to a one half inch steel pin set for a wmer of this'tract; South 09° 22' 38" East, s distance of 695.43 feet to a [cure corner post for a coroer of this tract; Sonth 14° 48.Ot" East, a diatmece of 65IS9 feet to a oar tratFirtch nice! pin t#d for a comer oftlrie t[sct and SotrOr ZS° OS' 37n Parr, a distance of 1672.62 fed to a t'cnce tamer post f,ond3 for fire southeast eonrer of_tbis erect sad being rho stotthvvcst cometof a calie3 SOS sae tract as desgt~oed in a decd ttxnt+ded in Voiunre 342, l'agc 126 of the Acod Records of clusdaIope Cbuuty, Teocas_ Tl1EPICE with the south Lino of this tract; South 59° 18' ST' West, a distance of { 323.62 fed. to a fence Corner post found for the southwest comer of tlriy tract, being the twrthwest corner of said 50.5 acres sad being on the east line of a r911td 5459 acre kaet as descibed in a decd recorded irr Volume 1654, t'age 902 of the Deed Records of Guadalupe County, Texas. TSFNC>g with rile wed tine of tins tract; North 08° 19' OD" West; a distance of 1 OS5.10 foot to a fence coratr post sad Nor11+ 08° 03' 40" West, a distance of 1274.66 feet to a one 1>aif indr steel pin steel pin set for an interior Darner of tbris ttacL ' T13P2~CE coatiwriag with the wed line of this tract, North 85° ~' lH)" VPest, a distance of 131.00 Sect W a fence oomAr post for a comer of this tratd and Nor$r 14°44.08" West, a distance of 2102,69 fat to a ona•haif ~ steel pint set on the loath Right-O~Wsy tine of Intctstate Highway 35 for the southwest Donner oFtliis tract Z'N~NCE along the loath Right-0f~Way tine of !r-tctatatt Highway 35, Nottlt 54° 20TH?" East, a dtvtance of 1078 to the piece ot`tho 6EQlNAt1NG_ (Rcforence is heteby made to tut 24" x 36" sncvcy ¢la# prepared ilriy rarnc dale (All pins set with mi c$p stIImped No. 4124) - I, Jetty D_ Willem, JY, lzcreby certify that these 6cld notes were pr~epmred from ao on the ground survey made under mq direction and supervision on August 26, 2002 Jcuy D. V~illde, Jr. Jtr;gisteredPtofessionul baud Surveyor No. 4T24 Sob N be~.61314 l~ . i~ 900/SOO F~ ~'I.LI1. OA"d'IV L7.SL SBtinTZ rva nn _ t~ r zn iaa i~r 12/18/02 24:55 FAX Z10 525 1027 ALAYO FIDELITY -~ s-tvNt; van ~.,~~..,~~ EXHIBIT "B^ 9A ACBES STAiE OF TEXAS covrrrx al: rcran~u.upE Co+tmiTSr a~ col-s~ Kidd notes Sac a 9.0 acres of [sad otn of the C.M. Gahagan Jt~ Sucvey Number 258, Abstract IYtm3xr 142 izt t.madaIupe Couttry, Texas sad Abstract Number 182 in Corral County, Tortes. 5atd 9A tuzro tracx being s portion of a called 97.447 acre tract as deeaai~bod in a decd m Hta~e Bretton Filet; Tcttsteq tueder rho Will of Melvin L. Firer, recondod m Vpitztoe 263, Pmt 771 of rho heed Recotd8 of Comet County; Tex+t9- Said 9 0 nett tract bring more partieutarly descalbed by mete and bounds as follows. BRGTrW t~ at a 7'ypa 1 TJ~Orr lbfatrttatcnt tormd on the southeast Right-Of_'Wayr line of lntetstate Highway 35 for tha most aotth cornier of the herein de9onbcd tract ~ being ~ rnst corns of a [tigftt-pf-Way dedScat3oa to the State of T~~. maot,dcd in t7ocame~t Numbor 9606425793 of the Off tint Pttbficltecords of CamaLCo~ty, Tescay. TiiENCE along the nott6casi tartbadc tine, Sovth 67° 54' 40° Fast, a divtattcC of 62.64 feet to a one half inch steel pin set on the west Right-Of--Way lint of Eckhardt Road for the northeast eo.~a of the hczein described pact. 1'~NCE along the west R'~ght-Of-Way line of Ecicbazdt Road, South OS° 19' 03" ):net, a distmtce of 625.62 Feet to a one half inch steel pin set for the aotttheast comer of this tract THEIITCE vritil the so~heast line of this tract, South 4d° 42' 43^ West, n distance of 381.79 feet to a oat haifinch sled pin stt for the south corners{ this tract. THENCR atottg rite southwest line of this tract, North 49° 45' 2Z° West, a distg,cc of 69335 feet t0 a ono half itch shxl pin sa an the southeast Right Of-Way tine of intcxstate Highway 35 for i}ic west cornea of tilt herein desc,~ed tract TSEPiCt3 along the souahcast Right-Of--Way line of Interstate lidghway 35 the following two calls; North 54° 20' 40" ~ a distance of 484.12 feet to a Typc 1 TXDOT Moawmegt found and North 54° 20' 40" P~ a distance of 315.OB to rite place of the BLGTNNIN~ (Refcrctacc is hereby t~nedc to an 18's 24" starvcy plat prepared this same dato.) (Alt p""tar set with red cap stamped No. 4724) BEARING BASEl3 ON DF.1;D RECORbbD IN voLUMB DUC # 9806026793 TEI6 OFFICIAL PUBLIC REC4KDS OF COMAL COIINT'Y, TEXAS. I. Jeay D. Wilkie, Jr., hereby certify that these Herd notcg were prepared ticorn an ott the ground survey mach under my dianction and srtpervisinn on August 26, 2003 ~G~ v D_ Wilkie, Ir_ Registcird Professional Lend Stuveyor No. 4724 Job Niunbcar 97ac/9ac 900/9000] ~"I.LI.L OF1V"Id LZSG56t+OTZ XVd 90 ~ 6T 7.0/FT/7.T