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2009R53-Relating to Annexation of Crescent Bend Park RESOLUTION NO. 09-R-53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELATING TO THE ANNEXATION OF APPROXIMATELY 186.55± ACRES KNOWN AS CRESCENT BEND PARK, LOCATED NORTH OF SCHAEFER ROAD AND EAST OF THE LOST MEADOWS SUBDIVISION; AUTHORIZING AND DIRECTING THE HOLDING OF PUBLIC HEARINGS FOR THE PROPOSED ANNEXATION, THE PUBLICATION OF NOTICE OF THOSE PUBLIC HEARINGS, PREPARATION BY THE PLANNING DEPARTMENT OF A SERVICE PLAN, GIVING OF A WRITTEN NOTICE OF INTENT TO ANNEX, THE SUBMISSION OF PRECLEARANCE MATERIALS TO THE DEPARTMENT OF JUSTICE, 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 "Land"); and WHEREAS, the 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"), including Section 43.052(h)(1) of the Act; and WHEREAS, the City Council of the City finds that (i) the 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 Land be annexed to and made a part of the City; and WHEREAS, the City desires to complete the annexation requirements of the Land in accordance with the timeline attached as Exhibit B (the "Annexation Timeline"); 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 pre-annexation requirements as described herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City hereby authorizes and directs the Planning Department to immediately commence preparation of a service plan for the provision of full municipal services (including water and wastewater services) to the Land in accordance with Section 43.056 of the Act. SECTION 2. The Planning Department is hereby directed to provide all notices required by the Act to each property owner owning property in the Land, each public and private entity which provides services to the Land, and each railroad company, if any, that owns aright-of--way in the Land. Such notices shall be in substantially the form of Exhibit C attached hereto and made a part hereof and shall be given within the time limits required by the Act. Reso109-R-53.doc 1 SECTION 3. The Planning Department is hereby directed to provide all notices required by the Act to each school district located in whole or in part in the Land. Such notices shall be in substantially the form of Exhibit D attached hereto and made a part hereof and shall be given within the time limits required by the Act.. SECTION 4. The City hereby authorizes and directs that two public hearings for annexation of the Land be conducted in accordance with the Act and within the time periods required by the Act and that notice of the public hearings be published, all in accordance with the Annexation Timeline. Such notices shall be in substantially the form of Exhibit E attached hereto and made a part hereof. The date, time, and location of the second public hearing may be modified at the City Manager's discretion in accordance with the requirements of the Act. SECTION 5. The City Attorney is hereby directed to make all necessary filings under the Federal Voting Rights Act incident to the proposed annexation of the Land. SECTION 6. 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 7. 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 8. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9. 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 Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 10. 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 11. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The rerrcainder of this page intentionally left blank. Reso109-R-53.doc 2 PASSED AND ADOPTED, this 27th day of October, 2009. CITY OF SCHE TZ, TEX Mayor ATTEST: ity Secretary (CITY SEAL.) Reso109-R-53.doc S-1 EXHIBIT A PROPERTY TO BE ANNEXED See Attached Reso109-R-53.doc A_ 1 Metes and Bounds Description 186.55 Acres Field notes describing 186.55 acres of land situated in the A. S Lewis Survey No. 78 and the William Bracken Suuvey No. 65 in Bexar County, Texas; BEGINNING at a point on the Northern line of Schaefer Rod at the Southwestern corner of the Lake Wood Acres recorded in Volume 5409, Pages 90-96 of the Deed Records of Bexar County, Texas, the same being the Southeastern corner of the Lost Meadows Subdivision, Block 1, as shown on a plat recorded in Volume 7200, Page 128 of the Deed and Plat Records of Bexar County, Texas, for the Southwestern corner of this 186.55 acres; THENCE: N 29°30'04"W 1724.78 feet along the common line of the said Lake Wood Subdivision and the Lost Meadows Subdivision to a point for a corner of this 186.55 acres; THENCE: N 29°28'04" W - 664.803 feet continuing common line of the said Lake Wood Subdivision, the Eastern line of the Lost Meadows Subdivision in Volume 7200, Page 128, and the Eastern line of the Lost Meadows Subdivision, Unit No. 2 recorded in Volume 8000, Page 157-158 of the Deed and Plat Records of Bexar County, Texas, for a corner of this 186.55 acres; THENCE: N 29°35'04" W - 1,177.95 feet continuing along the Eastern line of the said Lost Meadows Subdivision, Unit No. 2, the Western line of the said Lake Wood Acres to a point for the Northwestern corner of the said Lake Wood Acres, the Southwestern corner of a 1.00 acre tract of land conveyed to Bexar County in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas for a corner of this 186.55 acres; THENCE.• N 29°34'20" W - 1,223.64 feet along the Western line of the said 1.00 acre tract, the Western line of a 18.432 acre tract of land conveyed to Bexar County, Texas in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas to a point in the centerline of Cibolo Creek for the Northernmost corner of the said 18.432 acre tract and the same being the common line of Bexar and Guadalupe Counties, Texas for a corner of this 186.55 acres; THENCE: With the centerline of Cibolo Creels, the established line of Bexar County, Texas and the established line of Guadalupe County, Texas with approximate meander lines as follows; N 77°25'50" E - 104.16 feet to a point for corner; Reso109-R-53.doc A-2 S 59°39'52" E - 307.94 feet to a point for corner; S 79°39'25" E - 409.57 feet to a point for corner; S 89°55'51" E - 510.35 feet to a point for corner; S 70°23' 12" E - 544.96 feet to a point for corner; N 60°27'56" E - 12.53 feet to a point for corner; S 52°25'44" E - 89.43 feet to a point for corner; N 67° 11' S6" E - 74.00 feet to a point for corner; S 68°46'49" E - 239.99 feet to a point for corner; S 65°03'04" E, - 188.00 feet to a point for corner; N 75°21'56" E - 69.00 feet to a point for corner; S 88°38'09" E - 103.00 feet to a point for corner; S 65°08'04" E - 253.00 feet to a point for corner; S 62°27'34" E - 211.26 feet to a point for corner; S 61°OS' 17" E - 116.16 feet to a point for corner; S 47°38'04" E - 231.00 feet to a point for corner; S 37°40' S4" E - 287.19 feet to a point for corner; S 18°11'56" W - 130.46 feet to a point for corner; S 28°28'04" E - 72.00 feet to a point for corner; S 80°29'46" E - 40.76 feet to a point for corner; S 26°09-24" E - 181.67 feet to a point for corner; S 37°43'04" E - 120.00 feet to a point for corner; S 29° 18'04" E - 108.00 feet to a point for corner; Resol 09-R-53.doc A_3 S 40°33'04" E - 264.00 feet to a point for corner; S 36°23'04" E - 107.07 feet to a point for corner; S 13°25'48" E - 263.10 feet to a point for corner; S 03°34'06" W - 955.00 feet continuing along the centerline of Cibolo Creek to a point for the Southeastern corner of a 8.62 acre tract of land conveyed to Bexar County, Texas in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas for a corner of this 186.55 acres; THENCE: N 81 °33' 16" W - 105.18 feet along the Southern line of the said 8.62 acre tract to a point on the Northwestern line of Schaefer Road for a corner of a 4.36 acre tract of land conveyed to Bexar County, Texas in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas for a corner of this 186.55 acres; THENCE: S 76°22'49" W - 30.38 feet along said Schaefer Road and along the said 4.36 acre tract to a point for a corner of this 186.55 acres; THENCE: S 13°32'59" W - 26.62 feet continuing along said Schaefer Road and along the said 4.36 acre tract to a point for a corner of this 186.55 acres; THENCE: S 34°24'02" W - 35.33 feet continuing along said Schaefer Road and along the said 4.36 acre tract to a point for a corner of this 186.55 acres; THENCE: S 56°OS' 18" W - 541.86 feet continuing along said Schaefer Road, along the Southeastern line of the said 4.36 acre tract and along another 4.36 acre tract conveyed to Bexar County, Texas in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas, for the Southeastern corner of a 1.00 acre tract of land conveyed to Bexar County, Texas in Volume 9896, Page 856 of the Official Public Records of Bexar County, Texas for a corner of this 186.55 acres; THENCE: S 56°04'28" W - 82.00 feet continuing along said Schaefer Road and along the Southeastern line of the said 1.00 acre tract to a point for the Southeastern corner of a 0.50 acre tract of land conveyed to Jose M. Guel in Volume 6577, Page 1566 of the Official Public Records of Bexar County, Texas for a corner of this 186.55 acres; THENCE: N 29°38'02" W - 535.03 feet along the Western line of the said Bexar County 1.00 acre tract, the Eastern line of the said Jose M. Guel 0.50 acre tract and the Eastern line of a 0.50 acre tract conveyed to Pedro M. Guel recorded in Volume 6577, Page 1568 of the Official Public Record of Bexar County, Texas for a corner of this 186.55 acres; Reso109-R-53.doc A_q. THENCE: S 60°21'58" W - 161.10 feet along the Northern line of the sadi Pedro M. Guel 0.50 acre tract, the Northern line of the Peter M. Guel 0.50 acre tract recorded in Volume 5339, Page 1866 of the Official Public Records of Bexar County, Texas on the Eastern line of Lot 30, Block 3 of the said Lake Wood Acres Subdivision for the Northwestern corner of the said Peter Guel 0.50 acre tract, for a corner of this 186.55 acres; THENCE: S 29°38'04" E - 539.94 feet along the Eastern line of the said Lake Wood Acres Subdivision, the Western line of the said Peter M. Guel 0.50 acre tract, the Western line of the Peter M. Guel 0.499 acre tract recorded in Volume 7785, Page 337 of the Official Public Records of Bexar County, Texas to a point for the Southwestern corner of the said Peter M. Guel 0.499 acre tract, the Southeastern corner of the said Lake Wood Acres Subdivison on the Northern line of Schaefer Road, for a corner of this 186.55 acres; THENCE.• S 56°34'56" W - 806.00 feet along the Southern line of said Lake Wood Acres Subdivision, the Northern line of Schaefer Road to the POINT OF BEGINNING and containing 186.55 acres of land. This description does not represent an on the grorcnd survey. This description was prepared from docacments of recort~ Reso109-R-53.doc A-5 N W E S LG ~ 0 600' 1200' t.8 L9 L1'1 L12 SCALE: 1"= 600' L'Ci L13 t4 L16 L>S L1i (l V (Q `TC ~~7 " ,i- `F^ ~ K L2'~ j: '7' ~ L24 ~ ! L25 tb, Ne fix" :o~p. r~ s too ~ ~ p ~ ` `4y~o~ j~ A ' s `'c v ~ $'2~ J t~, .c ~ ~ f: ~ • r s ~ ~r~~ 9G ~ yt ~ yi :t10 :`7 'S. c L40-~ L33 ~ - L3 i L34 ~m~ is ~1 L35 „ ~~m ~ L41- L36 o iiN ~~0 C ~ ~G q ~ ~ D2 2 s ~"fi , 9~ - raB m ~a .F' s ~ .~~.~pp9 y,~~n oaf clnofi p ~ CCI~T/Y,gOp~Fp~SpC~HEYR~TyZp~ ~..)~~..I..) riIV~LJ~F41 ~V IV ~rirl~©~~ ~ !.~',~~~I~1.'V 1...`:.1..'.1."'x..1.:. `i 4_i '185.35 ACRES 9y ~PoUx~ ~ ~ Resol 09-R-53.doc A-6 Line Table Line Table Line # Direction Length Line # Direction Length L1 S56° 34' 56"W 806.00 L26 S26° 09' 24"E 181.67 L2 N29° 30' 04"W 1724.78 L27 S37° 43' 04"E 120.00 L3 N29° 28' 04"W 664.80 L28 S29° 18' 04"E 108.00 L4 N29° 35' 04"W 1177.95 L29 S40° 33' 04"E 264.00 L5 N29° 34' 20"W 1223.64 L30 S36° 23' 04"E 107.07 L6 N77° 25' S0"E 104.16 L31 S13° 25' 48"E 263.10 L7 S59° 39' 52"E 307.94 L32 S3° 34' 06"W 955.00 L8 S79° 39' 25"E 409.57 L33 N81 ° 33' 16"W 105.18 L9 S89° 55' 51"E 510.35 L34 S76° 22' 49"W 30.38 L10 S70° 23' 12"E 544.96 L35 S13° 32' S9"W 26.62 L11 N60° 27' S6"E 12.53 L36 S34° 24' 02"W 35.33 L12 S52° 25' 44"E 89.43 L37 S56° 05' 18"W 541.86 L13 N67° 11' S6"E 74.00 L38 S56° 04' 28"W 82.00 L14 S68° 46' 49"E 239.99 L39 N29° 38' 02"W 535.03 L15 S65° 03' 04"E 188.00 L40 S60° 21' S8"W 161.10 L16 N75° 21' S6"E 69.00 L41 S29° 38' 04"E 539.94 L17 S88° 38' 09"E 103.00 L18 S65° 08' 04"E 253.00 L19 S62° 27' 34"E 211.26 L20 S61 ° 05' 17"E 116.16 L21 S47° 38' 04"E 231.00 L22 S37° 40' 54"E 287.19 L23 S18° 11' S6"W 130.46 L24 S28° 28' 04"E 72.00 L25 S80° 29' 46"E 40.76 CI7YoF o CITY OF SCHERTZ ~ ANfVEXATION EXHIBIT 3 ~':I~IC~I~I:;~:1:~.:1:'~Cr 186.55 ACRES Reso109-R-53.doc A_'~ Exhibit B ANNEXATION TIMELINE October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area 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 railroad company's right-of--way is in the area proposed for annexation' November 16, 2009 City Secretary sends notices of public hearings to Seguin Gazette November 18, 2009 Planning Department finalizes service plan for area proposed for annexation November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City's Internet website (Note: Notice on website must remain posted through hearing date.)2 December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required to change3) January 5, 2010 First City Council consideration of annexation ordinance4 January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk's office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice I Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. a Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. Reso109-R-53.doc B-1 EXHIBIT C NOTICE OF INTENT TO ANNEX PLEASE TAKE NOTICE that the City Council of the City of Schertz (the "City") intends to annex the following property: Approximately 186.55± acres known as Crescent Bend Park, located north of Schaefer Road and east of the Lost Meadows subdivision. Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas Resol 09-R-53.doc C_ 1 EXHIBIT D CITY OF SCHERTZ, TEXAS 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 November 20, 2009 Re: Notice of Intent to Annex (approximately 186.55± Acre Tract) Superintendent Schertz-Cibolo-Universal City Independent School District Please take notice that the City Council of the City of Schertz (the "City") intends to annex the following property, a portion of which is within your District: Approximately 186.55± acres known as Crescent Bend Park, located north of Schaefer Road and east of the Lost Meadows subdivision. The City is unaware of any financial impact on your District resulting from the proposed annexation, including any changes in utility costs. Please address any questions you have concerning the proposed annexation to my attention. Very truly yours, Don E. Taylor City Manager, City of Schertz Resol 09-R-53.doc D-1 EXHIBIT E NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City") will hold a public hearing on December 1, 2009 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land"): Approximately 186.55± acres known as Crescent Bend Park, located north of Schaefer Road and east of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas Reso] 09-R-53.doc E-1 NOTICE OF PUBLIC IIEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City") will hold a public hearing on December 8, 2009 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land"): Approximately 186.55± acres known as Crescent Bend Park, located north of Schaefer Road and east of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas Reso109-R-53.doc E-2