2009R42-Petition to annex 0.563 Acres (former Schertz Animal Shelter)RESOLUTION NO. 09-R-42
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND DIRECTING THE
EXECUTION AND FILING OF A PETITION TO ANNEX 0.563
ACRES WHICH IS THE FORMER LOCATION OF THE
SCHERTZ ANIMAL SHELTER, AND RELATED MATTERS
WHEREAS, the City of Schertz (the "City") desires to annex certain land owned by the
-City and described on Exhibit A (the "Land"); and
WHEREAS, Section 43.028 of the Texas Local Government Code, as amended, allows
the annexation of certain sparsely occupied area on petition of landowners in the area to be
annexed; and
WHEREAS, Section 43.028 of the Texas Local Government Code, as amended, requires
that after the 5th day but on or before the 30th day after the date a petition is filed, the City
Council of the City shall hear the petition and the arguments for and against the annexation and
shall grant or refuse the petition as the City Council considers appropriate; and
WHEREAS, the City Council of the City hereby finds that it is in the best interest of the
City and the citizens thereof that the City complete the annexation as described herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. The City Council hereby authorizes and directs the Assistant City
Manager to execute and file with the City Secretary a petition to annex the Land, in substantially
the form attached as Exhibit B. After the 5th day but on or before the 30th day after the date the
petition is filed, the City Council shall hear the petition and the arguments for and against the
annexation and shall grant or refuse the petition as the City Council considers appropriate.
SECTION 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
SECTION 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
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Council hereby declares that this Resolution would have been enacted without such invalid
provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 25th day of August, 2009.
(CITY SEAL)
CITY,O~J~ERTZ, TEXAS
50231785.1 2
EXHIBIT A
DESCRIPTION OF THE LAND
FIELDNOTES for 0.563 acres of land out of the G. Malpaz Survey No. 67, Abstract No. 221 out
of that certain 8.643 acre tract conveyed to John O. Lund, et ux, by George Gesche, et ux,
described in deed dated 4~' day of February, 1976 and recorded in Volume 512, Pages 685-687,
deed records of Guadalupe County, Texas;
BEGINNING at an iron pin found for the Southeasterly corner, being the Northeasterly Herbert
A. Busch corner, on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with an existing fence line, South 60°43' 10" West, 219.37 feet to a 1" iron pipe, being
a corner for the Herbert A. Busch tract and a corner for the G.H. & S.A.R.R. Co. tract, said point
being the Southwesterly corner of this survey;
THENCE, North 30°44'29" West, 104.51 feet to an 1/2" iron rod found for the Northwest corner
of this survey and being a corner for the G.H. & S.A.R.R. tract;
THENCE, North 61°01'59" East, 73.64 feet to an 'h" iron rod set for an interior angle in this
survey; .
THENCE, North 41°02'41" East, 124.97 feet to an '/z" iron rod set for the Northeast corner of
this survey, said point being on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with the Southwesterly line of the F.M. Road No. 1518, South 41°10'00" East, 149.46
feet to the PLACE OF BEGINNING containing 0.563 acres.
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EXHIBIT B
PETITION TO ANNEX SPARSELY OCCUPIED AREA
THE CITY OF SCHERTZ, TEXAS, as owner of 100% of the proposed annexation area, hereby
petitions the City Council of the City of Schertz to annex the area described as follows:
FIELDNOTES for 0.563 acres of land out of the G. Malpaz Survey No. 67, Abstract No. 221 out
of that certain 8.643 acre tract conveyed to John O. Lund, et ux, by George Gesche, et ux,
described in deed dated 4`" day of February, 1976 and recorded in Volume 512, Pages 685-687,
deed records of Guadalupe County, Texas;
BEGINNING at an iron pin found for the Southeasterly corner, being the Northeasterly Herbert A.
Busch corner, on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with an existing fence line, South 60°43'10" West, 219.37 feet to a 1" iron pipe, being
a corner for the Herbert A. Busch tract and a corner for the G.H. & S.A.R.R. Co. tract, said point
being the Southwesterly corner of this survey;
THENCE, North 30°44'29" West, 104.51 feet to an'/a" iron rod found for the Northwest corner of
this survey and being a corner for the G.H. & S.A.R.R. tract;
THENCE, North 61°01'59" East, 73.64 feet to an ''/z" .iron rod set for an interior angle in this
survey;
THENCE, North 41°02'41" East, 124.97 feet to an''/z" iron rod set for the Northeast corner of this
survey, said point being on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with the Southwesterly line of the F.M. Road No. 1518, South 41°10'00" East, 149.46
feet to the PLACE OF BEGINNING containing 0.563 acres.
By signing this petition, I make the following representations:
The proposed annexation area is less than one-half mile wide.
The proposed area is contiguous to the existing boundaries of the City of Schertz.
The number of qualified voters residing on the proposed area is zero.
All persons with any type of interest in the area to be annexed have signed this petition.
IN WITNESS WHEREOF, this Petition has been executed by the following interested party on the date
of the acknowledgement set forth below.
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on thei~~"_ ay of August, 2009, by John Bierschwale,
Assistant City Manager of the City of Schertz, Texas. n ~
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