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2002A24-Disannexation of 2.79 acres Schertz to Universal CityORDINANCE NO. C~~ - ~ -~ AN ORDINANCE PROVIDING FOR CERTAIN LAND TRANSFERS, INCLUDING THE DISANNEXATION OF .97 ACRES OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ AND THE RELEASE OF SUCII LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ TO THE EXTRATERRITORIAL JURISDICTION OF UNIVERSAL CITY, TEXAS, THE ACCEPTANCE OF 119.44 ACRES OF LAND INTO THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ, AND THE CONVEYANCE OF 2.79 ACRES OF LAND OF THE CITY OF SCHERTZ TO THE CITY OF UNIVERSAL CITY, TEXAS, AND RELATED MATTERS WHEREAS, the City Council of the City of Schertz wishes to disannex the land (approximately .97 acres) described on Exhibit A (the "Land") which is located entirely within the corporate limits of the City of Schertz, and the owner of the Land has consented to such disannexation in the form attached as Exhibit B; and WHEREAS, the City of Universal City, Texas ("Universal City") has requested the City of Schertz to release the Land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of Universal City following such disannexation; and WHEREAS, the City of Schertz has requested Universal City to release a tract of land (approximately 119.44 acres) within its extraterritorial jurisdiction described on Exhibit C (the "New ETJ") to the City of Schertz, and Universal City has agreed to do so; and WHEREAS, in connection with such exchanges of extraterritorial jurisdiction by Universal City and the City of Schertz, the City of Schertz has agreed to convey to Universal City certain land (approximately 2.79 acres) owned by the City of Schertz within Universal City (the "Universal City Tract"),asset forth on the Special Warranty Deed attached as Exhibit D; and WHEREAS, the City Council of the City of Schertz hereby fords that it is in the best interest of the City of Schertz and the citizens thereof that the Land to be disannexed from the City of Schertz, that the City of Schertz and Universal City exchange a portion of their respective extraterritorial jurisdictions as described herein, and that the City of Schertz convey to Universal City the Universal City Tract described herein. 20034189.2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz hereby disannexes the Land described in Exhibit A. The Land shall no longer be included within the City's corporate limits on the effective date of this Ordinance, and the Land shall no longer be subject to property taxes levied by the City. SECTION 2. The City of Schertz hereby releases the Land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of Universal City. SECTION 3. The City of Schertz hereby accepts the New ETJ into its extraterritorial jurisdiction. SECTION 4. In consideration of the exchanges of extraterritorial jurisdiction as described herein, the City of Schertz hereby agrees to convey the Universal City Tract to Universal City as provided by the Special Warranty Deed. SECTION 5. The City Manager is hereby authorized to execute all documents (including the Special Warranty Deed) necessary to accomplish the purposes of this Ordinance. SECTION 6. This Ordinance shall be in full force and effect from and after its final passage, and it is so ordained. 20034189.2 PASSED AND APPROVED on first reading the 15th day October, 2002. Mayor ATTEST: ~~ City ecr t PASSED AND FINALLY APPROVED iviayor ATTEST: z~~ City ecret 20034189.2 EXHIBIT A THE LAND 0.97 ACRE ETJ TRACT Fieldnotes describing a 0.97 acre tract situated in the Toribio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Texas and out of the Biegert 290 acre tract recorded in Volume 366, Page 460, Deed Records, Guadalupe County, Texas, and more particularly described as follows: BEGINNING at a point on the city limit line for the City of Schertz, Texas, and Schertz City Ordinance No. 84-A-22, dated October 2, 1984, agreement between the City of Schertz and Universal City, Texas and an interior corner of the Biegert tract and the northeast corner of the Friesenhahn tract, Guadalupe County, Texas; THENCE, S 60°00'00" W, 2540.00 feet more or less with the north line of the Friesenhahn tract and a south line of the Biegert tract to a point in a curve to the left in the east right-of--way of F.M. 1518 for the southwest corner of this tract; THENCE, with said curve which has a radius of 1472.69 feet and an arc length of 17.80 feet (chord bears N 08°35'45" W, 17.80 feet) to point for the northwest corner of this tract; THENCE N 60°00'00" E, 2533.50 feet more or less with the north line of the Biegert tract to a point in said city limit line for the northeast corner of this tract; THENCE S 30°00'00" E, 16.57 feet more less with said city line to the POINT OF BEGINNING and containing 0.97 of an acre of land more or less according to composite of available maps and plats. Correspondence plat prepared 1123.66ETJ2.doc 20034189.2 A-1 EXHIBIT B CONSENT TO DISANNEXATION Mr. Dewey P. Cashwell, Jr. City Manager 1400 Schertz Parkway Schertz, Texas 78154 Dear Mr. Cashwell: I, Ruby Biegert, own the property described on Exhibit A (the "Land") and do hereby consent to the disannexation of the Land by the City of Schertz, Texas from its corporate limits. Date;~~~~>,~, ~TD~ By: ~ Ruby egert 20034189.1 B-1 EXHIBIT 1 THE LAND 0.97 ACRE ETJ TRACT Fieldnotes describing a 0.97 acre tract situated in the Toribio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Texas and out of the Biegert 290 acre tract recorded in Volume 366, Page 460, Deed Records, Guadalupe County, Texas, and more particularly described as follows: BEGINNING at a point on the city limit line for the City of Schertz, Texas, and Schertz City Ordinance No. 84-A-22, dated October 2, 1984, agreement between the City of Schertz and Universal City, Texas and an interior corner of the Biegert tract and the northeast corner of the Friesenhahn tract, Guadalupe County, Texas; THENCE, S 60°00'00" W, 2540.00 feet more or less with the north line of the Friesenhahn tract and a south line of the Biegert tract to a point in a curve to the left in the east right-of--way of F.M. 1518 for the southwest corner of this tract; THENCE, with said curve which has a radius of 1472.69 feet and an arc length of 17.80 feet (chord bears N 08°35'45" W, 17.80 feet) to point for the northwest corner of this tract; THENCE N 60°00'00" E, 2533.50 feet more or less with the north line of the Biegert tract to a point in said city limit line for the northeast corner of this tract; THENCE S 30°00'00" E, 16.5' feet more less with said city line to the POINT OF BEGINNING and containing 0.97 of an acre of land more or less according to composite of available maps and plats. Correspondence plat prepared 1123.66ETJ2.doc 20034189.2 B-2 EXHIBIT C NEW ETJ (SEE ATTACHED) 20034189.2 C_ 1 Date :February 14, 2002 Project No: 1123.66 11.9.44 ACRE ETJ TRACT Fieldnotes describing a 119.44 acre tract situated in the Ton'bio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Texas and mere particularly described. as follows: BEGINNING at a point for an interior corner of the eiiy limit line for the City of Sehertz, Texas, and Sehertz City Ordinance No. S4-A 22, dated October 2, 1.954, agreement between the City of Shertz and Universal City, Texas in the south line of the Malford Ackermann 58.48 acre tract recorded in Volume 647, Page 736, Deed Records, Guadalupe County, Texas, and in the north line of Windy Meadow Subdivision recorded in Volume 5, Page 47-A Plat Records, Guadalupe County, Texas; THENCE, S 60°07'00" W, 2095.81 feet more or less with the north line of Windy Meadows Subdivision and the south line of the 58.48 acre tract, a 25 acre tract recorded in Volume Sb4, Page 29, Deed Records, Guadalupe County, Texas and the remainder of a 177 acre tract recorded in Volume 97, Page 17, Deed Records, Guadalupe County, Texas, crossing F.IvI. 151.8, to a point in the approximate center of the Cibolo Creep for the southwest corner of this tract; THENCE, upstream with the approximate meanders of the centerline of the Cibolo Creek the following calls: N 72°49'04" W, 492.12 feet mare or less to a point; N 86°06'34" W, 346.86 feet more or less to a point; N 79°22'59" W, 462.90 feet more or less to a point for the most westerly southwest corner of this tract; THENCE, N 60°10'58" E, 1729.64 feet more or less with the north line of the 177 acre tract crossing p'.M. 1518, then with the north right-of-way line of NSaske Road, to the southeast comer of the Allan Biegert 124.07 acre tract and the southwest corner of a i0A0 acre tract recorded in Vohune 1247, Page 653, Deed Records, Guadalupe County, Texas, for an interior corner of this tract; THENCE, N 30°x6'25" W, 2410.96 feet more or less with the east line of the 124.07 acre tract and the west line of the 10.00 acre tract and a ] 01,17 acre tract recorded in Volume 1127, Page 377, Deed Records, Guadalupe County, Texas, for the northwest corner of this tract; THENCE, N 59°47'54" E, 1429.75 feet more or less with the north line of the 101.17 acre tract to a point in a west line of Ordinance No. 84-A 22 for the northeast corner of this tract; EXHIBIT D SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT the City of Schertz, Texas (the "Grantor"), whose street address is 1400 Schertz Parkway, Schertz, Texas 78154, for TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid and caused to be paid to the Grantor by the City of Universal City, Texas (the "Grantee"), the receipt and sufficiency of which consideration are hereby acknowledged and confessed by the Grantor, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto the Grantee, the real property and premises described on Exhibit A attached hereto, together with all improvements situated thereon and all rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of the Grantor in and to adjacent roads, alleys, rights- of-way, drainage facilities, easements, and utility facilities, together with all permits, authorities, licenses, consents, and bonds, if any, pertaining to such real property (collectively herein referred to as the "Property"). This Special Warranty Deed is expressly made subject to all matters of record with respect to the Property including, without (imitation, any and all property taxes and assessments due and owing or to become due and owing, any and all restrictions, reservations or exceptions to title, and any and all liens and encumbrances, to the extent the same are valid and subsisting and affect all or any part of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto the Grantee, the Grantee's successors and assigns, forever; and the Grantor does hereby bind the Grantor, the Grantor's successors and legal representatives, to WARRANT and FOREVER DEFEND all and singular the Property unto the Grantee, the Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor but not otherwise; subject, however, to the matters set forth herein. 20034189.2 D-1 EXECUTED on the date of the acknowledgment of the Grantor set forth below, to be effective for all purposes, however, as of 6rlebe~ ~, 2002. iV ~ v ~ki3~~t GRANTOR: CITY OF SCHERTZ, TEXAS By: City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE § I, /YIl~,P~,C. ~,6a,,e,C~ a notary public, do hereby certify that Mark Marquez, City Manager of the City of Schertz, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the City of Schertz. ~ ~/~b~~e Witness my hand and official seal this the /a.2 day of,.2002. [ZED SEAL) ~aaaa~~~aa~~~aa~~y Not P lic in for the State of Texas MARY l YBARRA y Notary PubNc, State of Texas y My commission expires: O.~ - o / - a-ooG r Corrxr~ssion Expkes os-o~-2oosy y ;~~~c~c~cc~ce~~~~c~c~~c~~c AFTER RECORDING, PLEASE RETURN TO: City of Universal City Universal City, Texas 78 Attention: 20034189.2 D-2 Date; Ocnalaer 4, 2aQ2 Pra~ect~ 3123.66 2.73 ACRE TRA,~T (121,512 SQ.FT.) Field notes describing a Z_79~ acre [121,512 sq. ft.) tract out of a 3.636 acre tract recorded is Yaluma 4913, Page 4ZZ-4Z3, Deed Records, Be~xat Co>a~, Texas, si ed in the M. I... Tatres Sunray Z~mber &1, Beer County, Texas: EE~J~~lE+,TG at a rid" tabor set with a yellow plastic cog stamped '~ord;F~,g. Ino." f ~ r the north coracr stif this tract in ~a,e northwest &na of the 3.635 acre tract and is the so st luxe of Lcrt F, Spacesavers No. 2 Stxbd'xvisian, reaordcd in Yolisme 9539, Page I23, eed and Plat Records. Bexsr Caturiy, Tawas, situated for re£eaeace S b0° 40' 00" W, 1 24 feet from a ~" reba~r fatxnd for the north corner of the 3.636 acre tract; Td-I~NCE S 27° 33`24" E, 260.74 f8et i~zto the 3.636 acre iraG't m a ~" Debar set ~th a yellow plastic cap stamped "Ford Eng. Inc." for an interior oorne~r of thzB trace; T~~3C8 N 59° 53` 59" E, 138.78 ~t to a'fz" tabor wish a yellow plastic cap pad `~orcl Baig., Znc." set in the northeast luxe of the 3.536 atte tract aud.sauthwest ' of a X.22 acre trawl recorded» Yolurne 4919, page 554, Deed Records, Bexar County, T -as; Z~IENCE S 26° 22` 00" E, 156.49 feet with the aarthesst iiae of t>ae 3.63b acre sad the southwest ling t7f the 1.22 acre tract to a ~h" tabor seat with a yellow glasti cap stamped `lord L-ng_ Inc." for tht; east corner of this tract and the 3.636 acre tza,~t; 'IGE S S9° 49` 4a" W, 241.51 feet along tho sotrtheast Iine of the 3.636 acre tract and the northwest line of the 122 acre txaat to a jh" tabor ,with a pellaw plash cap stamped `~'arrl Eng. Inc.°° set is the northeast lime of Lot E, Srysau Subdivision, U 't 2, recorded in Volume t3a0o, Page 186, Decd and Plsi Records, Bexar Cotxttty, Y , fnr the south earner of Ibis tract, the 3.636 acre tract and the west corner of the 1 acre '+t'~; 1 1~i3.ENCE N 72° 51' 06" ~, 231.23 feet with the northeast lane of I.ot E and ~ t 1lti Bryson Subdivision, recorded in Volume 558x, Page 175, Deed sad Plat Records, esar Caamiy, Texas to a `~" zebar with a yellow plastic cap stamped "fiord Bng, Tnc." s for the southwest c;orne[ of this tract wad the 3.636 acre track T~CE N 29° SO` Q2° ~, 247.64 Ebel with the northeast Iiue ai' Lot D, B o~n Subdivision, recorded in Volume 5580, Page 173, Deed and plat Records, Bexar ty, Texas ro a '~i' rebffr with a yellow plastic cap stamped `fiord Eng_ Inc." set ' the southeast lirje of Lot F far the west comer of this treat and the 3.636 acre tract; Pg. 1 of 2 Pg, 2 of 2 2.7911 ac. T~IFNNCE N 6©° 00` 00" E, 280.31 feet with the nartlswest line of the 3.b36 acre tra and the southeast line of Lot F to Ilse PQ]NT OF l3E{rIl~N~TG and containing 2,790 a s of land. according to a survey made by Ford E~,riueeiing, Inc. undo ~ supervi~an, AVE ,AI~1D ~CEPT a 1.139 acre {49,622 sq. ft.} Sanitary Co~rol F.Jasement more parti arty descn']~d as follows; BECsIlVNINQ at a s/a" rebar witbt a yellow plastic cap stud `~~rd Eng. Ins." set r the north comer of this easement and the herein before described 2.790 acre tract; TFff?~TCE S 27° 33` 24" ~ 260.7 feet into the 3.636 acne tract to s'~'° rebar set a yellow plastic erg stamped "Fond Eng. Ind_" for an inte~cior comer of this tract; THENCE N 59° 33` S9" E, x38,78 fief to x 34" rebar with a ye}low plastid cap st ~ ed `fiord Eag-, Inc" set in the northeast ]ins of the 3.636 acre tract and. southwest lien of a 1.22 acre tract recorded in 'fToh2me 4919, Page 554, Deed Records, B~exar County, T 9 THEI~TCL S 26° 22` 00" E, 92.11 Beet with the uaxtheast lice of the 3.636 acre and the southwest Iizse of the 1.22 acre tract to a point far the cast corner of this easem and the begznssing of a crave to the right; THIIV-CE into the ktet-ein before descn~ed 2.790 sort tract with a curve to the tight vu~g a radius of 150.00 feet and an arc length of 456.A•~ feet {shard ITT 73° 46' 48" W, 2 9,64. £eet) to a point far rlie bed,inning of a non tazageat curve to the rig3rt; XHL~ItiTCE with said noon-taugezrt curve to the right having a radius of 150.00 and ere length of 148.52 feet {chord Iti 12° 23' 19" W, 142.53 feet} to a point in the nart rovest line of the herein before descnzbed 2.790 acre traot for the west corner of this easem , _ Tl•3ENCE N 60° UO` UO" E, 42.37 feet with tha nosthwesfi line of the 3.636 acre tra arcd the southeast line of Lot F to the PO~1T flF &EGINNlN(; and containing 1.139 a es of land according fa a survey made by Ford EugirtcerFug, Iz~c. under ny supctvi.son_ $earuag reference is the ssortliwest line ofthe 3.636 acre tract. Correspond%n~ plat prepared. I12366EN2.790.doc ~~ r ~~~ ~ ~ s e ~ o ~ t, F~Et7 L. M'CMlGFI}~~'I,~~ ,.: » ... Fred ~. 1'V1C~iChaBi :~ 38£i2 v; •~ Q.Q. ~, A Re te:red uirr~ $~ Prafessianal Land S ~ SCALE.• 1 " = 500' N W ~ R1 O o fTl v ~ A ~ N 60°~0'5~" E 1729.64' N 59°47'54" E 1429.75' z W O 0 N U~ N -P ~ N Op ~ J ~ Z ~ ~ {-~ CA ~ m w ~ No0 ~ C ~ n ."ZD1 a ~ ~ rn D 0 S e.1 . ~ T MASKE RD ~KERMANN \ 86/29 \ BIEGER ~ 1Q1.17 ACRES 1127 / 377 C~ 0 a Np p a zm 0 ~ z ~ a~ z N co ON ~ p cn N J rnd~ vD O ~ p O O ~ ~ o m r D ~ O ~ ~ S ~ O C ~-(~ ~L! --I 647/7 S 60°07'00" W 2095.81' WINDY MEADOW SUBDIVISION 5/47-A ANN POB EXHIBIT SHOWING: 119.44 ACRE E.T.J. SWAP FOR THE SCALE.• 1 " = 500' R=1472.69 L=17.80 Tan=8.90 D=0°41'33" Chord = 17.80 Bearing = NO8°35'45"W 3F.~bNGS To ~~.1uFsitM£rli5 GhR~~M R~bb~ ~qM RN~bM'W ~ ~~ z FRIESEIVHAFiN 121.173 ACRES ~ ~ 0 0 co 0 0 0 O o 0 0 ~ r~ N N ~ ~ -P ~ o W O ~ 0 0 POB~ 16.57' N 30°00'00" W BIEGERT 290 ACRES 366 / 460 EXHIBIT SHOWING: 0.97 ACRE E.T.J. SWAP FOR THE