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85A24-Annexation 34.5 acres ORDINANCE NO . ~~~~=~~iJ AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 34.5 ACRES-MORE OR LESS, OUT OF COMAL COUNTY. WHEREAS, the hereafter described tract of land adjoins the corporate limits of the City of Schertz, Texas, and does not exceed one (1) mile in width; and WHEREAS, public hearings on the question of whether said land should be annexed to and become a part of the City of Schertz, Texas, were duly called and notice thereof given and said public hearings have been had, all in accordance with law; and WHEREAS, by the passage of this ordinance annexation of said territory will have been brought to completion within ninety (90) days of the institution of annexation proceedings; and• WHEREAS, the City Council of the City of Schertz, Texas, is of the opinion and finds that such territory is suitable for municipal purposes and that it is in the best interest of the City of Schertz,Texas, and the citizens and inhabitants thereof that said territory be annexed to and made a part of said City; and WHEREAS, the City Council has directed the City Manager to prepare a service plan that provides for the extension of municipal services into the area to be annexed in accordance with law; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXASa I THAT the following described territory containing 34.5 acres of land lying adjacent to and adjoining the City of Schertz, Texas, be and the same is hereby added and annexed to the City of Schertz, Texas, and said territory shall hereinafter be included within the boundary limits of said City and the various points contiguous to the area described are hereby altered and amended so as to include said land and territory within the corporate limits of the City of Schertz, Texas; said land being more particularly by metes and bounds as followsm DESCRIPTION OF ANNEXATION OF 34.5 ACRES OF LAND Description of annexation of lot, tract or parcel of land being 34.5 acres, portion of a 62.98 acre tract in the Rafael Garza Survey No. 90, Abstact No. 175, recorded in Volumn 165, Pages 170-173 deed records of Comal County, Texas. COMMENCING: At a fence corner in the north right-of-way line of Interstate Highway No. 35 said point being 2106.2 feet in a northeasterly direction from the northeast cutoff line at F.M. Road No. 1103 and Interstate Highway 35; THENCE: N 30 21'58" W, 750.00 feet along the west line of the above mentioned 62.98 acres to the point of beginning of the herein described tract; THENCE: N 30 21' 58" V+T, 1140.99 feet continuing along said west line of said 62.98 acres to a fence corner for the northwest corner of the 62.98 acres tract and of the 34.5 acre tract; THENCE: In an easterly direction along the north line of the 62.98 acre tract as follows: N 59 31°27" E, 738.10 feet; N 58 24'05" E, 168.48 feet; N 58 43'55" E, 99.66 feet: N 59 40'02" E, 368.88 feet to a point in the existing city limits line established September 16, 1975 (Ordinance No. 75-A-32) for a corner of the herein described tract; THENCE: S 24 17'30" E, 1156.41 feet and S 59 45'00" W, 1252.70 feet along the above mentioned city limits line to the POINT OF BEGINNING and containing 34.5 acres of land. II THAT the Service Plan providing municipal services be attached and made a part of this ordinance annexing the area and approved as a part of this ordinance. The Plan shall be construed as a contractual obligation and be valid for ten (10) years and renewal shall be at the discretion of the City of Schertz, Texas. SERVICE PLAN PROVIDING FOR MDNICIPAL SERVICES I Pursuant to H.B. 1952, Sixty-Seventh Legislature of the State of Texas, the City of Schertz, Texas, does hereby propose and adopt the following service plan that provides for the extension of city services to land that adjoins the corporate limits of the City of Schertz, Texas. Said land being herein described by legal description and that said land is hereby being considered for annexation by the City of Schertz, Texas; and whereby upon annexation of said land by the-City of Schertz, Texas, the plan hereby adopted establishes a contractual obligation between the City of Schertz, Texas, and the registered voters that will be within the territory herein described and proposed to be annexed by the City of Schertz, Texas. II This plan applies to a 34.5 acre tract of land out of Comal County, described in the following metes and bounds: Description of annexation of lot, tract or parcel of land being 34.5 acres, portion of a 62.98 acre trac'c in the Rafael Garza Survey No. 90, Abstact No. 175, recorded in Volumn 165, Pages 170-173 deed records of Comal County, Texas. COMMENCINGs At a fence corner in the north right-of-way line of Interstate Highway No. 35 said point being 2106.2 feet in a northeasterly direction from the northeast cutoff lane at F.M. Road No. 1103 and Interstate Highway 35; THENCEe N 30 21'58" W, 750.00 feet along the west line of the above mentioned 62.98 acres to the point of beginning of the herein described tract; THENCE; N 30 21'58" W, 1140.99 feet continuing along said west line of said 62.98 acres to a fence corner for the northwest corner of the 62.98 acres tract and of the 34.5 acre tract; THENCE: In an easterly direction along the north line of the 62.98 acre tract as followso N 59 31'27" E, 738.10 feet; N 58 24' 05'' E, 168.48 feet; N 58 43'55" E, 99.66 feet; N 59 40'02" E, 368.88 feet to a point in the existing city limits line established September 16, 1975 (Ordinance No. 75-A-32) for a corner of the herein described tract; THENCEa S 24 17'30" E, 1156.41 feet and S 59 45'00'° W, 1252.70 feet along the above mentioned city limits line to the POINT OF BEGINNING and containing 34.5- acres of land. III 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 scope of those type of services furnished by the City in other areas of the City of Schertz which have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. B. That law enforcement 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 of topography, patterns of land utilization, and population density similar to this area being annexed. C. 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. D. 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 of those companies providing those utilities and according to any agreement, contract, or franchise that may exist between those companies and the City of Schertz. E. That this area being annexed and the residents thereof are entitled to the amenities of the City of Schertz to the equal degree of the citizens presently within the corporate limits of the City of Schertz. F. 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. G. That if this area being annexed is ever disannexed, then only those laws, rules, regulations, ordinances and any and all other governing directives that may apply to areas of land within the extra territorial jurisdiction of the City of Schertz will be in effect. H. 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. TII THAT the territory so described and the areas so annexed shall hereafter be a part of the City of Schertz, Texas and all taxable property situated therein shall hereafter bear its pro rata part of the taxes levied by the City of Schertz, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Schertz, Texaso APPROVED on first reading day of ~Qr~,.....~~-u_ , 19.~' PASSED, APPROVED AND ADOPTED this the day of ~ SZcra , 195 , Mayor, City of Sc tz, Texas ATTEST: C' y Secretar , City of Schertz (SEAL OF CITY) C/TY L /M/TS L /NE ESTABL /SHED SEPT /6, /975 ORD. N0. 75-A-32 i 'i. .l........... '..3 i.' .ice ..f i . i'~\: ..r. ~ N. S6 °43 ~ 5 S E . 99.6 6 N.58°24'05°E 166.48 N 59° 3L 27°E 738. 10~ N 59°4002°E. 446 39' 366.88 i + ~ I, vj ,I~ ~I ~ SCALE. / 400 V V m \ _ .m a d ~ ~ ~ ~ V Oi N m i O ' J~ V ~3 I _ i S, ~Z ~ v ~ o 2 5,,,,5,9°45'00~~/. 1.252.70, M ~ SCHERTZ C/TY L /NITS L/NE C/TY L/M/TS L/NE ESTABL/SHED L__ O l n t O f SEPT. /s, /975 beginning ORO. NO. 75-A-32 0 0 0 m n ~ Commencing Point 0 _ 2.106.2 FT. TO FM.11O3 ~ 45 00 W. 1,442.00 CUTOFF LINE INTERSTATE HWY. 35 PLAT OF 34.5 ACRES OUT OF THE 62.98 ACRES IN THE RAFAEL GARZA SURVEY N0. 90, ABSTRACT N0. 175, RECORDED IN VOL. 165 , PGS. 170- 173 OF THE DEED RECORDS OF COMAL COUNTY, TEXAS.