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10-A-19 AttachmentFULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET. SUITE 2200 SAN ANTONIO. TEXAS 78205-3792 WWW.FULBRIGFfT.COM MICHAEL L. SPAIN DIRECT DIAL: (2IO) 270 -71x4 PARTNER TELEPHONE: (210) 224-6675 MSPAIN @FULBRIGHT.COM FACSIMILE: (210) 270 -7205 August 9, 2010 Mr. Chris Herren Chief, Voting Section Civil Rights Division United States Department of Justice Room 7254 —NWB 1800 G Street N.W. Washington, D.C. 20006 BY FEDERAL EXPRESS Re: Submission for preclearance relating to annexation of land undertaken by action on July 6, 2010 and July 20, 2010 by the City of Schertz, Texas. Dear Mr. Herren: On behalf of our client, the City of Schertz, Texas (the "Submitting Party "), we make the following submission under Section 5 of the Voting Rights Act of 1965, as amended,. 42 U.S.C. § 1973c, and in accordance with the provisions of 28 C.F.R. § 51 et seq., for preclearance of the boundary changes described below as a change affecting voting. Background The Submitting Party is a home -rule municipality organized pursuant to Article XI, Section 5 of the Constitution of the State of Texas. The Submitting Party operates pursuant to its Home Rule Charter and general law. The Submitting Party is governed by a mayor and five councilmembers elected by the qualified voters within the Submitting Party on the uniform election date of each May in each calendar year for two -year staggered terms. The mayor and all councilmembers are elected at large. The Submitting Party may also call bond elections to authorize the issuance of ad valorem tax supported bonds, to amend the Submitting Party's Home Rule Charter, and for certain other purposes. This submission is being made to obtain preclearance for an annexation of property into the City. All prior annexations have been precleared by your office. We hereby submit, on behalf of the Submitting Party, the following information (paragraphed to correspond with the requirements described in 28 C.F.R. §§ 51.27 -28) with 50327258.1 AuBTIN . BEIJING'. DALI . D..ve.. Du.... HONG KONG . HOUSTON . LONOON . LOS ANOELC.. MINNCAPOL19 MUNICH . NEW YONF . RIYAON 9 SAN ANTONIO . S,. LOUIS . WRBNINOTON DC Mr. Chris Herren August 9, 2010 Page 2 respect to changes affecting voting implemented by the Submitting Party on July 6, 2010 and July 20, 2010: Required Contents (a) A copy of the ordinances (the "Ordinances ") adopted on July 6, 2010 and July 20, 2010 embodying the changes affecting voting are attached hereto as Exhibit A. (b) The voting practice prior to the adoption of the Ordinances described above has not been repealed, amended, or otherwise changed. (c) The Ordinances extend the boundaries of the Submitting Party to include an additional approximately 248.95 acres of land (the "Annexed Area "). The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Party. Those development agreements excepted those parcels from the Submitting Party's July 6 and July 20 annexations and resulted in odd boundary lines, as can be seen on Exhibit B. The City estimates that 991 eligible voters reside in the Annexed Area. (d) This submission is being made by Michael L. Spain, Fulbright & Jaworski L.L.P., 300 Convent Street, Suite 2200, San Antonio, Texas 78205 (210/270- 7184), as legal counsel to the Submitting Party. (e) The name of the Submitting Party is the City of Schertz, Texas. The Submitting Party is responsible for the change. (f) The Submitting Party is located in the Counties of Guadalupe, Bexar, and Comal, Texas. A portion of the Annexed Area is located entirely in Comal County, Texas and the remainder of the Annexed Area is located entirely in Bexar County, Texas. (g) The City Council (the "Council ") of the Submitting Party is responsible for making the change and has effected the change by adopting the Ordinances. (h) The Submitting Party undertakes to make the change affecting voting pursuant to Section 1.02(b) of its Home Rule Charter and Chapter 43, Texas Local Government Code, as amended, which governs municipal annexation. In deciding to annex the area described in the Ordinance, the Submitting Party was required to (i) conduct two public hearings for which notice must be, and was, properly given and at which people interested in the annexation must be, and were, given the opportunity to be heard; and (ii) direct the appropriate individuals to This estimate was calculated by multiplying the total number of annexed parcels (34 parcels) by 2.89 persons per household, which number was obtained from official U.S. Census data as of 2008 as the average City household size. The above estimate assumes that all estimated residents are eligible voters. The Submitting Party believes that some of the 34 parcels are agricultural or commercial parcels, which should result in reducing the above estimate of eligible voters. 50321258.1 Mr. Chris Herren August 9, 2010 Page 3 propose and present a service plan that provides for the extension of municipal services to the Annexed Area and to make such service plan available for discussion at the two public hearings. Such service plan was prepared and available when required. Pursuant to Section 551.043, Texas Government Code, as amended, notices of the meetings of the Council at which the Ordinances were considered are required to be, and were, posted at a place convenient to the public within the Submitting Party and within the administrative office of the Submitting Party at least 72 hours prior to each of the meetings. (i) The dates of adoption of the proposed changes affecting voting were July 6, 2010 and July 20, 2010. 0) The annexations became effective on July 6, 2010 and July 20, 2010 and the changes affecting voting took effect on such dates. (k) The annexations are complete. No election has been conducted in the Annexed Areas. As noted above, the City estimates that 99 eligible voters reside in the Annexed Area. (1) See paragraph (c) above. The change will affect the entire jurisdiction of the Submitting Party. (m) The Submitting Parry has undertaken the annexations in order to provide municipal services to the Annexed Area. (n) The Submitting Party anticipates no effect from the change on members of racial or language minority groups, (o) No past or pending litigation exists concerning the change or related voting practices. (p) The prior practice for conducting elections within the Submitting Party has been most recently precleared by a letter dated June 28, 2010. The procedure for the adoption of the change is established by state statute, and submissions for preclearance of such procedure as well as practices required by state statute are, pursuant to 28 C.F.R. § 51.23, the responsibility of the State of Texas. (q) See Supplemental Contents below. Supplemental Contents (a) The City estimates that 99 eligible voters reside in the Annexed Area. The Submitting Party estimates that prior to the annexation approximately 31,794 persons resided within the Submitting Party. The Submitting Party estimates that after the annexation approximately 31,893 persons currently reside within the Submitting Party. (Based on the 2000 50327258.1 Mr. Chris Herren August 9, 2010 Page 4 Census, the total population of the Submitting Party was 18,694, the voting age population was 13,211.) Based on the 2000 Census, the Submitting Party estimates that prior to and after the annexation, approximately 82.0% of persons residing in the jurisdiction of the Submitting Party are White, 6.6% Black, 0.5% American Indian and Alaska Native, 1.8% Asian, 0.2% Native Hawaiian and Other Pacific Islanders, and 5,5% Other. Of all such persons, approximately 19.5% are of Hispanic origin. (b) The boundary map (in duplicate) of the Submitting Party indicating the boundaries of the Submitting Party before and after the annexations is attached as Exhibit B. The Submitting Party comprises one election precinct for purposes of its elections. The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Party. Those development agreements excepted those parcels from the Submitting Party's July 6 and July 20 annexations and resulted in odd boundary lines, as can be seen on Exhibit B. (c) All prior annexations subject to the preclearance requirement have been submitted for review. The estimation of current population herein was provided by the Council by Resolution dated July 24, 2007 (as adjusted by the estimate described in footnote 1 above). Such 2007 approximation was made based upon a careful review by the City Staff of the Submitting Party of population estimates, forecasts, counts, and analysis from the U.S. Bureau of Census, County Records from Guadalupe County, Bexar County, and Comal County, water utility connection information from all certificated water or waste water service providers serving areas within the corporate limits of the Submitting Party, electric utility service connection information for customers within the corporate limits of the Submitting Party, domestic natural gas service connections for customers located within the corporate limits of the Submitting Party, information on school population for areas located within the corporate limits of the Submitting Party, new building permit issuance records of the Submitting Party from 2004 through July 24, 2007, certificate of occupancy issuance records of the Submitting Party from 2004 through July 24, 2007, and annexation records of the Submitting Party from 2004 through July 24, 2007, together with certain other available records which might assist the City Staff in determining the number of inhabitants of the Submitting Party. All approximations of land area herein and of the numbers of eligible voters who reside in the Annexed Area were provided to us by John Bierschwale and David Harris, Assistant City Managers of the Submitting Party. Such approximations were made based upon information provided by the Submitting Party's engineer and Director of Development Services. 50327258.1 Mr. Chris Herren August 9, 2010 Page 5 If there is any further information that might expedite clearance for the change described above, please contact me at 210/270 -7184 so that we may respond accordingly. Respectfully submitted, CITY OF SOKERTZ, TEXAS By: Michael L. Spain. Legal Counsel for Address: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2200 San Antonio, Texas 78205 Phone Number: 2101270 -7184 Attachments cc: Don Taylor, City Manager, City of Schertz John Bierschwale, Assistant City Manager, City of Schertz David Harris, Assistant City Manager, City of Schertz Michelle Sanchez, Director or Development Services, City of Schertz Brenda Dennis, City Secretary, City of Schertz 50327258.1 city EXHIBIT A Annexation Ordinances 50327258.1 ORDINANCE NO. 10-A-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF CERTAIN PARCELS OF LAND, COMPRISED- OF SCHWAS ROAD (FROM IH -35 TO F.M. 482) AND CERTAIN ADJACENT AREAS AND A PORTION OF F.M. 482 (FROM APPROXIMATELY 2,800 FEET EAST OF SCHWAS ROAD TO FRIESENHAHN LANE) AND CERTAIN ADJACENT AREAS, ALL IN COMAL COUNTY, TEXAS; 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 "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City, and may be annexed pursuant to Chapter 43 of the Texas 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City hereby annexes the Annexed Land described in Exhibit A. SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective on the effective date of this Ordinance, and all taxable property in the Annexed Laud shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. 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. This Ordinance shall be in force and effect from and after its final passage. [The remainder of this page intentionally left blank.] Oidi=n 10- A -I9.dw PASSED AND APPROVED on first reading the 22nd day of June, 2010. PASSED AND FINALLY APPROVED on second and final reading the 6t1i day of July, 2010. ATTEST: eti � 1;1 y Secretary [CITY SEAL] Ordinance 10- A -19.dw S -1 0 EXHIBIT A PROPERTY TO BE ANNEXED The 65.52 acres of land shown on the attached plat and further described in the attached metes and bounds 0rdlnw=10- A -19.dw A-1 ofaiw" 10- A- 19.aoo A -2 Annexation Exhibit Metes and Bounds Description 65.52 Acres Field notes describing 65.52 acres of land situated in the Francisco Rodriguez Survey No. 99, Abstract No. 484; being all of the Tim Word 16.715 acre tract in Volume 795, Page 883, all of the P.F. Flores; Archbishop of San Antonio 11.491 acre tract in Volume 532, Page 131, all of the St. Peter and Paul Catholic Church tract, all of a 6.21 acre tract in Volume 757, Page 166, all of the Marshall and Ty Wayne Graef tract in Volume 885, Page 467, all of the Dennis Zipp 1.25 acre tract in Volume 641, Page 218, all of the Comal County 0.75 acre tract in Volume 79, Page 278, all of the Richard and Shirley Saunders 3.564 acre tract in Document No. 9806014330, a portion of Old Nacogdoches Road, a portion of Farm Market Road No. 482, a portion of Schwab Road, a portion of old Schwab Road and a portion of the Union Pacific Railroad tract in Comal County, Texas; BEGINNING at a point on the Northern line of the Union Pacific Railroad right of way, the Southern line of the said P.F, Flores, Archbishop of San Antonio tract, for the Northeastern corner of Established City of Schertz Ordinance No. 74 -A -49 — 85.474 acres, approved October 14,1974; THENCE. S 30053'35"B — 1,207.18 feet along the Northern Northeastern line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of the said Ordinance No. 74 -A-49, for a corner of this 65.52 acres; THENCE. N 62 004'49" E — 332.33 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a comer of said Ordinance for a corner of this 65.52 acres; THENCE. N 84 024'59" E - 33.32 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49, the Southern line of Old Schwab Road to a point for a corner of this 65.52 acres; THENCE: S 59 025'02" E — 35.61 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49, the Southern line of Old Schwab Road to a point for a corner of this 65.52 acres; THENCE. S 40051'19" E — 57.97 feet along aline of the Established City of Schertz Ordinance No. 74 -A-49, the Western line of Old Schwab Road to apoint for a corner of this 65.52 acres; Page I of 8 THENCE: S 33 °30'51" E — 179.73 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE. S 14 051'51" E — 67.72 feet along the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 11038'51" E — 734.39 feet along aline of the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a corner of this 65.52 acres on the Northern line of the Established City of Schertz Ordinance No. 80- A-25; THENCE: N 59 022'38" E —38.62 feet along the Northern line of the Established City of Schertz Ordinance No. 80 -A -25, across Old Schwab Road to a point for a corner of this 65.52 acres on the Western line of the remainder of the Adelheid Reeh and Susan Seekatz 46.97 acre tract in Document No. 9606025648, Official Public Records of Comal County, Texas; THENCE: N 11038'21" W — 805.65 feet along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Eastern line of old Schwab Road to a point for a comer of this 65.52 acres; THENCE: N 36 002'22" W — 316.24 feet continuing along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Western line of the Milton Schaefer & Melinda Birdsong remainder of a 353 acre tract in Volume W, Page 212 -214 of the Deed Records of Comal County, Texas, the Eastern line of Old Schwab Road to a point for a comer of this 65.52 acres, a comer of the Milton Schaefer and Melinda Birdsong tract; THENCE: S 62 048'20" W — 296.61 feet along a line of Old Schwab Road, a line of the said Milton Schaeffer & Melinda Birdsong tract to a point for a corner of this 65.52 acres; THENCE: N 62 °51'09" W — 82.23 feet along cutback of Old Schwab Road and Schwab road to a point for a corner of this 65.52 acres; THENCE: N 30 046'46" W — 979.51 feet along the Eastern line of Schwab Road to a point on the Southern line of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: Along the Southern line of the Union Pacific Railroad right of way, a curve to the left having a Delta angle of 01151'34", a Radius of 5809.58 feet, an Are length of 188.54 feet and a Chord bearing of N 50 °20'50" E — 188.53 feet to a point for a corner of this 65.52 acres; Page 2 of 8 THENCE: N 49 025'03" E — 442.10 feet along the Southern line of the Union Pacific Railroad right of way to a point for a corner of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: N 40 034'57" W — 30.00 feet continuing along a line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: N 49 025'03" E — 1179.23 feet continuing along the Southern line of the Union Pacific Railroad right of way to a point for a comer of this 65.52 acres; THENCE: N 38 000'57" W — 100.10 feet across the Union Pacific Railroad right of way to a point for the Southwestern comer of the said Tim Word 16.715 acre tract, for a corner of this 65.52 acres; THENCE: S 49025'03" W— 1183.72 feet along the Northern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 40034'5T' W — 30.00 feet along aline of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: S 49025'03" W — 442.10 feet continuing along the Northern line of the Union Pacific Railroad right of way to a point for a corner of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: Continuing along the Northern line of the said Union Pacific Railroad right of way, acurve to the left having a Delta angle of 01 °52'58 ", a Radius of 5649.58 feet, an Arc length of 185.65 feet and a Chord bearing of S 50 °21'32 ". W — 185.64 feet to a point of intersection of the Union Pacific Railroad right of way and the Eastern line of Schwab Road, for a corner of this 65.52 acres; THENCE: N 31020'43" W — 275.68 feet along the Eastern line of Schwab Road to a point the intersection of Schwab Road and the Southeastern line of Farm Market Road No. 482, for a corner of this 65.52 acres; THENCE: Along the Southeastern line of Farm Market Road No. 482 as follows: N 67 045'55" E — 251.34 feet N 11 038'38" W — 52.19 feet Page 3 of 8 N 39 036'37" E — 47.16 feet N 21025'48" W — 29.28 feet N 20 045'53" E — 167.98 feet A curve to the right having a Delta angle of 03 °44'46", Radius of 1519.74 feet; Are length of 99.37 feet and a Chord bearing of 26 °15'52" E— 99.35 feet N 28039'17" E — 196.53 feet N 31 056'46" E — 177.18 feet N 36001'39" E — 166.67 feet THENCE: N 38041'16" E — 739.10 feet continuing along the Southern line of said Farm Market Road No. 482 to a point for the Northeastern corner of the Howard Schaefer 0.33 acre tract in Volume 108, Page 92, Deed Records of Comal County, Texas, the J Northwestern comer of the said Tim Word 16.715 acre track for a comer of this 65.52 acres; THENCE: S 38000'57" E — 826.89 feet along the Eastem line of the said Howard Schaefer 0.33 acre tract, the Western line of the said Tim Word 16,715 acre tract, passing the Southwestern comer of the said Tim Word tract to a point on the Northern line of the Howard Schaefer 82.06 acre tract in Volume 84, Page 491, Deed Records of Comal County, Texas, the Southern line of the Union Pacific Railroad right of way, for a comer of this 65.52 acre tract; THENCE: N 49025'03" E — 880.57 feet along the Southern line of the Union Pacific Railroad right of way, the Northern line of the said Howard Schaefer 82.06 acre tract to a point for the Northeastern comer of the said Howard Schaefer tract, for a comer of this 65.52 acre tract; THENCE: N 37002'21" W — 100.19 feet across the Union Pacific Railroad to a point for the Southeastern corner of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: N 35 °11'09" W — 872.48 feet along the Eastern line of the said Tim Word 16.715 acre tract, the Western line of the Boyd and Sherilyn Logan 4.16 acre tract recorded in Document No. 200306023378, Official Public Records of Coma] County, Texas to a point on the Southeastern line of Farm Market Road No. 482, for the Northeastern corner of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: N 45 029'58" W — 66.17 feet across said Farm Market Road No. 482 to a point on the Northwestern line of said Farm Market Road No. 482, for the Southeastern comer of Page 4 of 8 the said 11m Word 70.103 acre tract in Volume 795, Page 883, the Southwestern comer of the Vivian Zipp 11.00 acre tract in Volume 92, Page 126, for a corner of this 65.52 acres; THENCE: Along the Northwestern line of Farm Market Road No. 482 as follows: S 42 041'32" W — 453.98 feet S 38 °31' 11" W — 793.21 feet S 38 °27'20" W — 442.06 feet S 35 °48'41" W — 173.77 feet S 32 003'43" W — 373.46 feet S 31 007'33" W — 90.65 feet S 55 057'25" E —13.21 feet S 06 023'27" E -10.40 feet S 23 °13'24" W — 212.44 feet S 49038'17" W — 74.21 feet S 73 044' 14" W — 20.58 feet N 88 050'57" W —11.89 feet S 37012'00" W —17.33 feet S 52 °19'55" W — 15.07 feet S 62 037'02" W — 76.21 feet S 65 016'50" W -43.32 feet S 45 °57'02" W —19.92 feet S 67 010'30" W — 44.47 feet S 66 004'12" W — 535.89 feet S 63 056'11" W — 226.25 feet S 62 027'44" W — 72.13 feet S 70015'53" W — 64.90 feet S 77 °49'11" W —71.30 feet S 59 035'09" W — 220.08 feet S 56 040'29" W — 31.22 feet S 51 040'58" W — 245.34 feet S 58 °36'15" W — 430.69 feet Page 5 of 8 3 THENCE. N 81034'12" W — 291.28 feet along the Cutback at Farm Market Road No. 482 and Old Nacogdoches Road, a line of the Roman and Julia Friesenhahn 14.166 acre tract in Document No. 200106014677, Official Public Records of Comal County, Texas, to a point for a corner of this 65.52 acre tract; THENCE. Along the Eastern and Northern line of Old Nacogdoches Road as follows: N 31 015'46" W — 228.35 feet N 40 000'08" W — 104.50 feet N 44 007'02" W — 227.26 feet N 70 003'05" W — 53.84 feet N 84 056'28" W — 58.63 feet S 79032'12" W — 60.70 feet S 70 004'39" W — 411.85 feet S 65 025'56" W — 158.12 feet S 62 054'03" W —46.85 feet S 64 017'29" W — 139.15 feet THENCE. S 32 036'32" E— 59.60 feet across said Old Nacogdoches Road to a point for the Northwestern corner of the Roman & Julie Friesenhahn 15.573 in Document No. 200106014677 of the Official Public Records of Comal County, Texas, for a comer of this 65.52 acres; THENCE: Along the Southern and Western line of Old Nacogdoches Road as follows: N 64 044144" E - 327.87 feet N 70 005'59" E — 415.06 feet N 77 046'51" E — 39.78 feet S 86 031'54 ".E — 40.00 feet S 70 023'42" E — 47.33 feet S 53 049'39" E — 36.19 feet S 45 °46'52" E — 21.11 feet S 39 046'02" E — 244.18 feet S 31008'39" E — 237.37 feet S 03 037553" E- 120.25 feet Page 6 of 8 THENCE: S 17 010'22" W — 68.16 feet along a cutback line of old Nacogdoches road to a point on the Northern line of Farm Market Road No. 482, for a comer of this 65.52 acres; THENCE: S 63 029'06" W — 801.11 feet along the Northwestern line of Faun Market Road No. 482 to a point for a comer of this 65.52 acres; THENCE: S 47 034'03" E — 63.57 feet across said Farm Market Road No. 482 to a point a the intersection of Farm Market Road No. 482 and the Eastern line of Friesenhahn Road, the Northwestern comer of the said Richard and Shirley Saunders 3.564 acre tract, for a comer of this 65.52 acres; THENCE: S 29 °24'31" E — 231.02 feet along the Western line of the said Richard and Shirley Saunders 3.564 acre tract, the Eastern line of the said Friesenhahn Road to a point at the intersection of Friesenhahn Road and the Northern line of the Union Pacific Railroad right of way, the Nor-them line of the Established City of Schertz Ordinance No. 74 -A -49, for a comer of this 65.52 acres; THENCE: N 68 °56'05" E — 1,278.76 feet along the Northern line of Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of the said Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE-- N 29 054'55" W — 25.30 feet along a line of the said Union Pacific Railroad right of way, a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of this 65.52 acres; THENCE: N 68 055'03" E — 147.65 feet continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of this 65.52 acres; THENCE: Continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, a curve to the left having a Delta angle of 04125'l 6", a Radius of 5,654.5 8, an Arc length of 43 6.33, and a chord bearing of N 66 °42'24" E — 436.22 feet to a point for a comer of the Established City of Schertz Ordinance No. 74 -A -49, for a corner of this 65.52 acres; THENCE: S 29 015'46" E — 25.05 feet along a line of the Union Pacific Railroad right of way, a line of the Established City of Schertz Ordinance No. 74 -A-49 to a point for a comer of this 65.52 acres; Page 7 of 8 THENCE. Continuing along the Northern line of the Union Pacific Railroad, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, a curve to the left having a Delta angle of 12'37'18", a Radius of 5,679.58 feet, an Arc length of 1,251.15 feet and a Chord bearing of N 58 °10'08" E — 1,248.62 feet to the POINT OF BEGINNING and. containing 65.52 acres of land. This description does not represent an on the ground survey. This description was prepared from documents of record M Page 8 of 8 Annexation Exhibit 2 Metes and Bounds Description 65.52 Acres Field notes describing 65.52 acres of land situated in the Francisco Rodriguez Survey No. 99, Abstract No. 484; being all of the Tim Word. 16.715 acre tract in Volume 795, Page 883, all of the P.F. Flores, Archbishop of San Antonio 11.491 acre tract in Volume 532, Page 131, all of the St. Peter and Paul Catholic Church tract, all of a 6.21 acre tract in Volume 757, Page 166, all of the Marshall and Ty Wayne Oraef tract in Volume 885, Page 467, all of the Dennis Zipp 1.25 acre tract in Volume 641, Page 218, all of the Comal County 0.75 acre tract in Volume 79, Page 278, all of the Richard and Shirley Saunders 3.564 acre tract in Document No. 9806014330, a portion of Old Nacogdoches Road, a portion of Farm Market Road No. 482, a portion of Schwab Road, a portion of old Schwab Road and a portion of the Union Pacific Railroad tract in Comal County, Texas; BEGINNING at a point on the Northern line of the Union Pacific Railroad right of way, the Southern line of the said P.F. Flores, Archbishop of San Antonio tract, for the Northeastern corner of Established City of Schertz Ordinance No. 74 -A -49 — 85.474 acres, approved October 74, 1974; THENCE: S 30 °53'35 "E — 1,207.18 feet along the Northern Northeastern line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a comer of the said Ordinance No. 74 -A -49, for a comer of this 65.52 acres; THENCE: N 62 004'49" E — 332.33 feet along a line of the Established City of Schertz Ordinance No. 74 -AA9 to a point for a comer of said Ordinance for a comer of this 65.52 acres; THENCE: N 84 024'59" E — 33.32 feet along a line of the Established City of Schertz Ordinance No. 74 -A49, the Southern line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 59 025'02" E — 35.61 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49, the Southern line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 40 °51' 19" E— 57.97 feet along a line of the Established City of Schertz Ordinance No. 74 -A49, the Western line of Old Schwab'Road to a point for a corner of this 65.52 acres; Page 1 of 8 THENCE. S 33 °30'51" E — 179.73 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a corner of this 65.52 acres; THENCE: S 14 °51'51" E — 67.72 feet along the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE, S 11 038'51" E — 734.39 feet along aline of the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a corner of this 65.52 acres on the Northam line of the Established City of Schertz Ordinance No. 80- A-25; THENCE: N 59 022'38" E— 38.62 foot along the Northern line of the Established City of Schertz Ordinance No. 80 -A -25, across Old Schwab Road to a point for a comer of this 65.52 acres on the Western line of the remainder of the Adelheid Reeh and Susan Seekatz 46.97 acre tract in Document No. 9606025648, Official Public Records of Comal County, Texas; THENCE: N 11 038'21" W — 805.65 feet along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Eastern line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: N 36 002'22" W — 316.24 feet continuing along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Western line of the Milton Schaefer & Melinda Birdsong remainder of a 353 acre tract in Volume W, Page 212 -214 of the Deed Records of Comal County, Texas, the Eastern line of Old Schwab Road to a point for a comer of this 65.52 acres, a comer of the Milton Schaefer and Melinda Birdsong tract; THENCE: S 62 048'20" W — 296.61 feet along a line of Old Schwab Road, a line of the said Milton Schaeffer & Melinda Birdsong tract to a point for a corner of this 65.52 acres; THENCE: N 62 °51'09" W — 82.23 feet along cutback of Old Schwab Road and Schwab road to a point for a comer of this 65.52 acres; THENCE., N 30 046'46" W — 979.51 feet along the Eastern line of Schwab Road to a point on the Southern line of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: Along the Southern line of the Union Pacific Railroad right of way, a curve to the left having a Delta angle of 01051'34 ", a Radius of 5809.58 feet, an Arc length of 188.54 feet and a Chord bearing of 50 °20'50" E — 188.53 feet to a point for a corner of this 65.52 acres; Page 2 of 8 THENCE: N 49 025'03" E — 442.10 feet along the Southern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad night of way, for a corner of this 65.52 acres; THENCE: N 40034'5T' W — 30.00 feet continuing along a line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE. N 49 025'03" E — 1179.23 feet continuing along the Southern line of the Union Pacific Railroad right of way to a point for a comer of this 65.52 acres; THENCE. • N 38 000'57" W — 100.10 feet across the Union Pacific Railroad right of way to a point for the Southwestern corner of the said Tim Word 16.715 acre tract, for a corner of this 65.52 acres; THENCE: S 49 025'03" W — 1183.72 feet along the Northern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE., N 40 034'57" W — 30.00 feet along a line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE. S 49 025'03" W — 442.10 feet continuing along the Northern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: Continuing along the Northern line of the said Union Pacific Railroad right of way, a curve to the left having a Delta angle of 01052'S8", a Radius of 5649.58 feet, an Arc length of 185.65 feet and a Chord bearing of S 50 °21'32" W — 185.64 feet to a point of intersection of the Union Pacific Railroad right of way and the Eastem line of Schwab Road, for a corner of this 65.52 acres; THENCE. N 31020'43" W — 275.68 feet along the Eastern line of Schwab Road to a point the intersection of Schwab Road and the Southeastern line of Farm Market Road No. 482, for a corner of this 65.52 acres; THENCE: Along the Southeastern line of Farm Market Road No. 482 as follows: N 67 045755" E — 251.34 feet N 11 038'38" W — 52.19 feet N 39 036'37" E — 47.16 feet Page 3 of 8 N 21 025'48" W — 29.28 feet N 20 045'53" E — 167.98 feet A curve to the right having a Delta angle of 03 °44'46 ", Radius of 1519.74 feet; Are length of 99.37 feet and a Chord bearing of N 26 °15'52" E — 99.35 feet N 28 03917" E — 196.53 feet N 31 056'46" E- 177.18 feet N 36 001'39" E — 166.67 feet THENCE: N 38041'16" E — 739.10 feet continuing along the Southern line of said Farm Market Road No. 482 to a point for the Northeastern comer of the-Howard Schaefer 0.33 acre tract in Volume 108, Page 92, Deed Records of Comal County, Texas, the Northwestern comer of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: S 38 000'57" E— 826.89 feet along the Eastern line of the said Howard Schaefer 0.33 acre tract, the Western line of the said Tim Word 16.715 acre tract, passing the Southwestern corner of the said Tim Word tract to a point on the Northern line of the Howard Schaefer 82.06 acre tract in Volume 84, Page 491, Deed Records of Comal County, Texas, the Southern line of the Union Pacific Railroad right of way, for a corner of this 65.52 acre tract; THENCE: N 49 025'03" E — 880.57 feet along the Southern line of the Union Pacific Railroad right of way, the Northern line of the said Howard Schaefer 82.06 acre tract to a point for the Northeastern corner of the said Howard Schaefer tract, for a comer of this 65.52 acre tract; THENCE: N 37 002'24" W — 100.19 feet across the Union Pacific Railroad to a point for the Southeastern comer of the said Tim Word 16.715 acre tract, for a corner of this 65.52 acres; THENCE: N 35011'09" W — 872.48 feet along the Eastern line of the said Tim Word 16.715 acre tract, the Western line of the Boyd and Sherilyn Logan 4.16 acre tract recorded in Document No. 200306023378, Official Public Records of Comal County, Texas to a point on the Southeastern line of Farm Market Road No. 482, for the Northeastern comer of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: N 45°29'58" W — 66.17 feet across said Farr Market Road No. 482 to a point on the Northwestern line of said Farm Market Road No. 482, for the Southeastern comer of the said Tim Word 70.103 acre tract in Volume 795, Page 883, the Southwestern corner of the Vivian Zipp 11.00 acre tract in Volume 92, Page 126, for a comer of this 65.52 acres; Page 4 of 8 THENCE.' Along the Northwestern line of Farm Market Road No. 482 as follows: S 42 °41'32" W — 453.98 feet S 38 °31'11" W — 793.21 feet S 38 027'20" W — 442.06 feet S 35 °48'41" W — 173.77 feet S 32 003'43" W — 373.46 feet S 31 007'33" W — 90.65 feet S 55 057'25" E -13.21 feet S 06 °23' 27" E —10.40 feet S 23 013'24" W — 212.44 feet S 49 °38' 17" W — 74.21 feet S 73 044'14" W -20.58 feet N 88 °50'57" W - 11.89 feet S 37 012'00" W —17.33 feet S 52 079'55" W —15.07 feet S 62 037'02" W —76.21 feet S 65 016'50" W — 43.32 feet S 45 057'02" W —19.92 feet S 67 010'30" W — 44.47, feet S 66 904'12" W — 535.89 feet S 63056'l I" W — 226.25 feet S 62 027'44" W — 72.13 feet S 70015'53" W — 64.90 feet S 77049'l l" W —71.30 feet S 5995'09" W- 220.08 feet S 56 040'29" W — 31.22 feet S 51 040'58" W — 245.34 feet S 58 036'15" W — 430.69 feet THENCE: N 81034'12" W — 291.28 feet along the Cutback at Farm Market Road No. 482 and Old Nacogdoches Road, a line of the Roman and Julia Friesenhahn 14.166 acre Page 5 of 8 tract in Document No. 200106014677, Official Public Records of Comal County, Texas, to a point for a comer of this 65.52 acre tract; THENCE. Along the Eastern and Northern line of Old Nacogdoches Road as follows: N 31 015'46" W — 228.35 feet N 40 000'08" W — 104.50 feet N 44 007'02" W — 227.26 feet N 70 003'05" W — 53.84 feet N 84 056'28" W — 58.63 feet S 79032'12" W — 60.70 feet S 70 004'39" W — 411.85 feet S 65 025'56" W — 158.12 feet S 62 °54'03" W — 46.85 feet S 64 017'29" W — 139.15 feet THENCE. S 32 036'32" E — 59.60 feet across said Old Nacogdoches Road to &point for the Northwestern comer of the Roman & Julie Friesenhahn 15.573 in Document No. 200106014677 of the Official Public Records of Comal County, Texas, for a comer of this 65.52 acres; THENCE. Along the Southern and Western line of Old Nacogdoches Road as follows: N 64 044'44" E — 327.87 feet N 70 005'59" E — 415.06 feet N 77 046'51" E — 39.78 feet S 86 °31'54" E -40.00 feet S 70 023'42" E -47.33 feet S 53 049'39" E — 36.19 feet S 45 046'52" E— 21.11 feet S 39 046'02" E — 244.18 feet S 31 008'39" E- 237.37 feet S 03 °37'53" E— 120.25 feet . THENCE: S 17 °10'22" W — 68.16 feet along a cutback fine of Old Nacogdoches road to a point on the Northern_ line of Farm Market Road No. 482, for a comer of this 65.52 acres; Page 6 of 8 THENCE: S 63 029'06" W — 801.11 feet along the Northwestern line of Farm Market Road No. 482 to a point for a corner of this 65.52 acres; THENCE: S 47 034'03" E — 63.57 feet across said Farm Market Road No. 482 to a point a the intersection of Farm Market Road No. 482 and the Eastern line of Friesenhahn Road, the Northwestern comer of the said Richard and Shirley Saunders 3.564 acre pact, for a corner of this 65.52 acres; THENCE: S 29 024'31" E — 231.02 feet along the Western line of the said Richard and Shirley Saunders 3.564 acre tract, the Eastern line of the said Friesenhahn Road to a point at the intersection of Friesenhahn Road and the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, for a comer of this 65.52 acres; THENCE: N 68 °56'05" E — 1,278.76 feet along the Northern line of Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a comer of the said Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 29 954'55" W — 25.30 feet along a line of the said Union Pacific Railroad right of way, a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a comer of this 65.52 acres; THENCE: N 68 055'03" E — 147.65 feet continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A-49 to a point for a comer of this 65.52 acres. THENCE: Continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, a curve to the left having a Delta angle of 04125'16", a Radius of 5,654.58, an Arc length of 436.33, and a chord bearing of N 66 142'24" E — 436.22 feet to a point for a comer of the Established City of Schertz Ordinance No. 74 -A -49, for a comer of this 65.52 acres, THENCE: S 29015146" E — 25.05 feet along aline of the Union Pacific Raihoad right of way, a line of the Established City of Schertz Ordinance No. 74 -A49 to a point for a comer of this 65.52 acres; THENCE: Continuing along the Northern line of the Union Pacific Railroad, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, a curve to the left having a Delta angle of 12 037' I8 ", a Radius of 5,679.58 feet, an Are length of 1,251.15 Page 7 of 8 feet and a Chord bearing of N 58 010'08" B- 1,248.62 feet to the POINT OF BEGINNING and containing 65.52 acres of land. This description does not represent an on the ground survey. This description was prepared from documents of record Page 8 of 8 Annexation Exhibit 2 Metes and Bounds Description 65.52 Acres Field notes describing 65.52 acres of land situated in the Francisco Rodriguez Survey No. 99, Abstract No. 484; being all of the Tim Word 16.715 acre tract in Volume 795, Page 883, all of the P.F. Flores, Archbishop of San Antonio 11.491 acre tract in Volume 532, Page 131, all of the St. Peter and Paul Catholic Church tract, all of a 6.21 acre tract in Volume 757, Page 166, all of the Marshall and Ty Wayne Graef tract in Volume 885, Page 467, all of the Dennis Zipp 1.25 acre tract in Volume 641, Page 218, all of the Comal County 0.75 acre tract in Volume 79, Page 278, all of the Richard and Shirley Saunders 3.564 acre tract in Document No. 9806014330, a portion of Old Nacogdoches Road, a portion of Farm Market Road No. 482, a portion of Schwab Road, a portion of old Schwab Road and a portion of the Union Pacific Railroad tract in Comal County, Texas; BEGINNING at a point on the Northern line of the Union Pacific Railroad right of way, the Southern line of the said P.F. Flores, Archbishop of San Antonio tract, for the Northeastern comer of Established City of Schertz Ordinance No. 74 -A -49 — 85.474 acres, approved October 14, 1974; THENCE: S 30 053'35 "E — 1,207.18 feet along the Northern Northeastern line of the Established City of Schertz Ordinance No. 74 -A-49 to a point for a comer of the said Ordinance No. 74 -A49, for a comer of this 65.52 acres; THENCE: N 62 004149" E — 332.33 feet along a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of said Ordinance for a comer of this 65.52 acres; THENCE: N 84 024'59" E — 33.32 feet along a line of the Established City of Schertz Ordinance No. 74 -AA9, the Southern line of Old Schwab Road to a point for a corner of this 65.52 acres; THENCE: S 59 025102" E — 35.61 feet along a line of the Established City of Schertz Ordinance No. 74 -AA9, the Southern line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 40051'19" E — 57.97 feet along aline of the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; Page I of 8 THENCE. S 33 °30'51 "E — 179.73 feet along aline of the Established City of Sehertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 14 051'51" E — 67.72 feet along the Established City of Schertz Ordinance No. 74 -A -49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: S 11038'51" E — 734.39 feet along a line of the Established City of Schertz Ordinance No. 74 -A-49, the Western line of Old Schwab Road to a point for a comer of this 65.52 acres on the Northern line of the Established City of Schertz Ordinance No. 80- A-25; THENCE: N 59 022'38" E— 38.62 feet along the Northern line of the Established City of Schertz Ordinance No. 80 -A -25, across Old Schwab Road to a point for a corner of this 65.52 acres on the Western line of the remainder of the Adelheid Reeh and Susan Seekatz 46.97 acre tract in Document No. 9606025648, Official Public Records of Comal County, Texas; THENCE: N 11 038'21" W — .805.65 feet along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Eastern line of Old Schwab Road to a point for a comer of this 65.52 acres; THENCE: N 36 °02'22" W — 316.24 feet continuing along the Western line of the said Adelheid Reeh and Susan Seekatz Tract, the Western line of the Milton Schaefer & Melinda Birdsong remainder of a 353 acre tract in Volume W, Page 212 -214 of the Deed Records of Comal County, Texas, the Eastern line of Old Schwab Road to a point for a comer of this 65.52 acres, a comer of the Milton Schaefer and Melinda Birdsong tract; THENCE. S 62 048'20" W — 296.61 feet along a line of Old Schwab Road, a line of the said Milton Schaeffer & Melinda Birdsong tract to a point for a corner of this 65.52 acres; THENCE: N 62 051'09" W — 82.23 feet along cutback of Old Schwab Road and Schwab road to a point for a comer of this 65.52 acres; THENCE. N 30 046'46" W — 979.51 feet along the Eastern line of Schwab Road to a point on the Southern line of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: Along the Southern line of the Union Pacific Railroad right of way, a curve to the left having a Delta angle of 01 *51' 34 ", a Radius of 5809.58 feet, an Arc length of 188.54 feet and a Chord bearing of N 50120'50" E — 188.53 feet to a point for a comer of this 65.52 acres; • Page 2 of a THENCE: N 49°25'03" E — 442.10 feet along the Southern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 40034'57" W — 30.00 feet continuing along a line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 49 025'03" E — 1179.23 feet continuing along the Southern line of the Union Pacific Railroad right of way to a point for a comer of this 65.52 acres; THENCE: N 38 °00' 5T' W — 100.10 feet across the Union Pacific Railroad right of way to a point for the Southwestern corner of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: S 49 025'03" W — 1183.72 feet along the Northern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 40034'5T' W — 30.00 feet along aline of the Union Pacific Railroad right of way to a point for a corner of the Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: S 49 025'03" W— 442.10 feet continuing along the Northern line of the Union Pacific Railroad right of way to a point for a comer of the Union Pacific Railroad right of way, for a corner of this 65.52 acres; THENCE: Continuing along the Northern line of the said Union Pacific Railroad right of way, a curve to the left having a Delta angle of 01 °52'58 ", a Radius of 5649.58 feet, an Arc length of 185.65 feet and a Chord bearing of S 50 °21' 32" W — 185.64 feet to a point of intersection of the Union Pacific Railroad right of way and the Eastern line of Schwab Road, for a comer of this 65.52 acres; THENCE: N 31 020'43" W — 275.68 feet along the Eastern line of Schwab Road to a point the intersection of Schwab Road and the Southeastern line of Farm Market Road No. 482, for a comer of this 65.52 acres; THENCE: Along the Southea stem line of Farm Market Road No. 482 as follows: N 67 045'55" E — 251.34 feet N 11 038'38" W — 52.19 feet Page 3 of 8 N 39 036'37" E — 47.16 feet N 21 025'48" W — 29.28 feet N 20 045'53" E — 167.98 feet A curve to the right having a Delta angle of 03 °44'46 ", Radius of 1519.74 feet; Are length of 99.37 feet and a Chord bearing of N 26 °15' 52" E — 99.35 feet N 28039'17" B — 196.53 feet N 31 056'46" E- 177.18 feet N 36 001'39" E — 166.67 feet THENCE: N 38 °41' 16" E — 739.10 feet continuing along the Southern line of said Farm Market Road No. 482 to a point for the Northeastern comer of the Howard Schaefer 0.33 acre tract in Volume I08, Page 92, Deed Records of Comal County, Texas, the Northwestern comer of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: S 38 000'57" E — 826.89 feet along the Eastern line of the said Howard Schaefer 0.33 acre tract, the Western line of the said Tim Word 16.715 acre tract, passing the Southwestern comer of the said Tim Word tract to a point on the Northern line. of the Howard Schaefer 82.06 acre tract in Volume 84, Page 491, Deed Records of Com[ County, Texas, the Southern line of the Union Pacific Railroad right of way, for a comer of thts 65.52 acre tract; THENCE: N 49 025'03" E — 880.57 feet along the Southern line of the Union Pacific Railroad right of way, the Northern line of the said Howard Schaefer 82.06 acre tract to a point for the Northeastern comer of the said Howard Schaefer tract, for a corner of this 65.52 acre tract; THENCE: N 37 002'24" W — 100.19 feet across the Union Pacific Railroad to a point for the Southeastern comer of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: N 35 011109" W — 872.48 feet along the Bastem line of the said Tim Word 16.715 acre tract, the Western line of the Boyd and Sherilyn Logan 4.16 acre tract recorded in Document No. 200306023378, Official Public Records of Comal County, Texas to a point on the Southeastern line of Farm Market Road No. 482, for the Northeastern comer of the said Tim Word 16.715 acre tract, for a comer of this 65.52 acres; THENCE: N 45 029'58" W — 66.17 feet across said Farm Market Road No. 482 to a point on the Northwestern line of said Farm Market Road No. 482, for the Southeastern comer of Page 4 of 8 the said Tim Word 70.103 acre tract in Volume 795, Page 883, the Southwestern corner of the Vivian Zipp 1 I.00 acre tract in Volume 92, Page 126, for a corner of this 65.52 acres; THENCE. Along the Northwestern line of Farm Market Road No. 482 as follows: S 42 041'32" W — 453.98 feet_ S 38 °31'11" W — 793.21 feet S 38 027'20" W — 442.06 feet S 35 °48'41" W — 173.77 feet S 32 003'43" W — 373.46 feet S 31 907'33" W — 90.65 feet S 55 057'25" E —13.21 feet S 06 023'27" E -10.40 feet S 23 013'24" W — 212.44 feet S 49 038'17" W — 74.21 feet S 73 044'14" W —20.58 feet N 88 050'57" W —11.89 feet S 37 012300" W —17.33 feet S 52 019'55" W —15.07 feet S 62 037'02" W — 76.21 feet S 65 016'50" W —43.32 feet S 45 057'02" W —19.92 feet S 67010'30" W —44.47 feet S 66004'12" W — 535.89 feet S 63 °56'11" W- 226.25 feet S 62 027'44" W — 72.13 feet S 70 015'53" W — 64.90 feet S 77049'11 " W — 71.30 feet S 59 035109" W — 220.08 feet S 56 040'29" W —31.22 feet S 51040'58" W — 245.34 feet S 58036'15" W — 430.69 feet Page 5 of 8 THENCE, N 81034'12" W — 291.28 feet along the Cutback at Farm Market Road No. 482 and Old Nacogdoches Road, a line of the Roman and Julia Friesenhalm 14.166 acre tract in Document No. 200106014677, Official Public Records of Comal County, Texas, to a point for a comer of this 65.52 acre tract; THENCE. Along the Eastem and Northern line of Old Nacogdoches Road as follows: N 31 015'46" W — 228.35 feet N 40 000'08" W — 104.50 feet N 44 007'02" W — 227.26 feet N 70 003'05" W — 53.84 feet N 84 056'28" W — 58.63 feet S 79 032'12" W — 60.70 feet S 70 004'39" W - 411.85 feet S 65 025'56" W — 158.12 feet S 62 054'03" W —46.85 feet S 64 017'29" W — 139.15 feet THENCE. S 32 °36'32" E — 59.60 feet across said Old Nacogdoches Road to a point for the Northwestern comer of the Roman & Julie Friesenhahn 15,573 in Document No. 200106014677 of the Official Public Records of Comal County, Texas, for a comer of this 65.52 acres; THENCE. Along the Southern and Western line of Old Nacogdoches Road as follows: N 64 044'44" E — 327.87 feet N 70 005'59" E — 415.06 feet N 77 °46'51" E — 39.78 feet S 86°11' 54" E — 40.00 feet S 70 023'42" E— 47.33 feet S 53 049'39" E— 36.19 feet S 45046'52" E — 21.11 feat S 39 046'02" E- 244.18 feet S 31 008'39" E — 237.37 feet S 03 037'53" E- 120.25 feet Page 6 oF8 THENCE: S 17 °10'22" W — 68.16 feet along a cutback line of Old Nacogdoches road to a point on the Northern line of Farm Market Road No. 482, for a comer of this 65.52 acres; THENCE: S 63 029'06" W — 801.11 feet along the Northwestern line of Farm Market Road No. 482 to a point for a comer of this 65.52 acres; THENCE: S 47 034'03" E — 63.57 feet across said Farm Market Road No. 482 to a point a the intersection of Farm Market Road No. 482 and the Eastem lime of Friesenhahn Road, the Northwestern corner of the said Richard and Shirley Saunders 3.564 acre tract, for a comer of this 65.52 acres; THENCE: S 29024'31" E — 231.02 feet along the Western line of the said Richard and Shirley Saunders 3,564 acre tract, the Eastern line of the said Friesenhahn Road to a point at the intersection of Friesenhahn Road and the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A-49, for a comer of this 65.52 acres; THENCE: N 68 056'05" E — 1,278.76 feet along the Northern line of Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A-49 to a point for a comer of the said Union Pacific Railroad right of way, for a comer of this 65.52 acres; THENCE: N 29 054'55" W — 25,30 feet along a line of the said Union Pacific Railroad right of way; a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a corner of this 65.52 acres; THENCE: N 68 055'03" E- 147.65 feet continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A-49 to a point for a comer of this 65.52 acres; THENCE: Continuing along the Northern line of the Union Pacific Railroad right of way, the Northern line of the Established City of Schertz Ordinance No. 74 -A -49, a curve to the left having a Delta angle of 04 °25' 16 ", a Radius of 5,654.58, an Are length of 436.33, and a chord bearing of N 66 042'24" E — 436.22 feet to a point for a corner of the Established City of Schertz Ordinance No. 74 -A -49, for a comer of this 65.52 acres; THENCE. S 290 15'46" E — 25.05 feet along a line of the Union Pacific Railroad right of way, a line of the Established City of Schertz Ordinance No. 74 -A -49 to a point for a comer of this 65.52 acres; _ Page 7 of 8 TWENCE. Continuing along the Northern line of the Union Pacific Railroad, the Northern line of the Established City of Schertz Ordinance No. 74 -A49, a curve to the left having a Delta angle of 12037'l 8", a Radius of 5,679.58 feet, an Are length of 1,251.15 feet and a Chord bearing of N 58° 10'08" E — 1,248.62 feet to the POINT OF BEGINNING and containing 65.52 acres of land. This description does not represent an on the ground survey. This description was prepared from documents of record. Page 8 of 8 ORDINANCE NO. 10-A-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 183.429 ACRES OF LAND BETWEEN FM 1518 AND TRAINER HALE ROAD NORTH OF IH -10 TO A LINE APPROXIMATELY 1,200 TO 2,600 FEET NORTH OF 111-10, ALL IN BEXAR COUNTY, TEXAS; 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 "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City hereby annexes the Annexed Land described in Exhibit A. SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. 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. This Ordinance shall be in force and effect from and after its final passage. [7he remainder of this page intentionally left blank] OWu m 10 -A 20.doo PASSED AND APPROVED on first reading the 130' day of July, 2010. PASSED AND FINALLY APPROVED on serond and final reading the 20ei day of July, 2010. Mayor ATTEST: M-'-Secretary [CITY SEAL] Ohdl ma 10- A -20.dm S -1 EXHIBIT A PROPERTY TO BE ANNEXED The property described in shading on the attached map. OdW X10- A-20AM A -1 f Jiy � ®RRIWCity of Schertz O Annexation Exhibit 1 � FareelBoundarias MnaxatlmArea Schertz Municipal Boundary s Last Updatm J*7.7010 try.lela..aewJUS. LrIMn1a.»W p.Rlge�i��e1 -aEM E=% 0 0.125 0.25 o.s 0.76 t rndmsa" 10•A•2o.doo A -2 EXHIBIT B Boundary Map Before and After Annexation 50327258.1 OWN ► • 7+ y� y ^� 4 �ovls \ PSP® 0 r ''S R1I P WE LAVIsvp NN WINE C�11 1 \ +' IF -417. , Q 1 Pp i \ -b `'►' li I F.Al fEl a � � y d �Zi �m G P � nP eeQd a i \T N RMA 41 +ant WROM Y, r N 9 C O RI C - pD Y 9 S ; W r � w m . Ly L W N �a a� �o U � W O 4- O o x U� 6 i i I ' 3 P �a t x: ...... vfx�:3 rowsk.�x r t c rr �� a'�_IZ R�� � +� � °t F�� sy.�s, Gaya ♦ fr � � ix Y � lyi � -a `� �` S. J.x �•�i} � {k�A 3 iCfH 1 - -�x \ � _ t "Y: � jl 0) Q L CD L r U � W O o 4- O o X U� Q } ICS n I� r N 0 C O M G aO 4 C � m � R � u � S m m � N N eih O N r io U � 00 4— O p X U� a s"� i, TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O. Box 13528 • AusnN, TX 78711-3528 February 17, 2011 Ms. Brenda Dennis City Secretary City of Schertz 1400 Schertz Pkwy Schertz, TX 78154 -1634 Dear Ms. Dennis: We have received Schertz annexation ordinance nos. 08 -A -03, 09 -A -38, 10 -A -01, 10 -A -10, 10- A-19, 10 -A -20, 10 -A -33, 10 -A -34, and the map indicating the property annexed into the City of Schertz. The local sales and use tax will become effective April 1, 2011 in the areas indicated on the map. If you have any questions or need more information, please call me toll free at (800) 531 -5441, ext. 51907. My direct number is (512) 475 -1907. Sincerely, Josh Hastie Revenue Accounting Division Tax Allocation Section U.S. Department of Justice a Civil Rights Division TCH:RSB:JR:SIV,MC :tst voting Section -N" DJ 166 -012 -3 950Pennv1vaniaAvenue NW 2010 -3189 Washingron. DC 20530 2010 -3290 September 27, 2010 W. Jeffrey Kuhn, Esq. .Michael L. _Spain Esq. Fulbright & Jaworski 300 Convent Street, Suite 2200 San Antonio, Texas 78205 -3792 Dear Messrs. Kuhn and Spain: This refers to two annexations (Ordinance Nos. 10 -AA 9 and .10 -A -20 (2010)); and the joint election procedures for the November 2, 2010, special bond and tax election, including conduct by the counties and use of the counties' early voting locations and hours, for the City of Schertz in Bexar, Comal, and Guadalupe Counties, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submissions on August 10 and 13, 2010. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that.the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty -day review period. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, 28 C.F.R. 51.41 and 51.43. We have reviewed the joint election procedures, including the conduct of elections by the counties and the use of counties' early voting locations and hours, as a recurrent practice pursuant to the Procedures for the Administration of the Voting Rights Act of 1965, 28 C.F.R. 51.14. Thus, the city need not submit future implementation of this same practice. Should the city cancel a general election because there are unopposed candidates, Section 4 review of that decision is required. 28 C.F.R. 51.2. However, a policy that cancels all uncontested elections may be implemented and reviewed under Section 5 as a recurrent practice. Sincerely, T. istianierren, Jr. C ef, Voting Section