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2004R11- ANNEXATION OF APPROX. 119.44 ACRES CITY OF SCHERTZ RESOLUTION NO.: Olf. ~ - / / A RESOLUTION RELATING TO THE ANNEXATION OF APPROXIMATELY 119.44 ACRES LOCATED ADJACENT TO THE EXISTING CITY LIMITS LINE PARALLEL TO MASKE ROAD AT FM 1518, PROJECT 3 (MASKE ROAD); AUTHORIZING AND DIRECTING THE GIVING, FILING, AND PUBLICATION OF ALL REQUIRED NOTICES AND THE PREPARATION OF A SERVICE PLAN; AND OTHER MATTERS RELATING THERETO 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, with such annexation to be effective December 31, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City Manager is hereby directed to immediately commence preparation of the 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 City Manager 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, each railroad company, if any, that owns a right-of-way in the Land, and each school district located in whole or in part in the Land. Such notices shall be in substantially in form of Exhibit B attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 3: The City Manager is hereby directed to publish notice of two public hearings to be conducted in accordance with the Act and within the time periods required by the Act. Such notices shall be in substantially the form of Exhibit C 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 requirement of the Act. SECTION 4: The City Attorney is hereby directed to make all necessary filing under the Federal Voting Rights Act incident to the proposed annexation of the Land. SECTION 5: This Resolution shall be in force and effect from and after the date hereof. Annexation: PROJECT 3 (MASKE ROAD) PASSED, APPROVED, AND ADOPTED this the Mayor, City of Schertz, Texas ATTEST: I~ity ecre (SEAL OF THE CITY) Annexation: PROJECT 3 (MASKE ROAD) CITY OF SCHERTZ MUNICIPAL SERVICE PLAN PROJECT 3 (MASKE ROAD) POLICE Existing Services: Guadalupe County Service to be Provided: Currently, the area is under the jurisdiction of the Guadalupe County Sheriffs Office. However, upon annexation, the City of Schertz Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. FIRE Existing Service: Schertz Fire Department Services to be Provided: Fire suppression will be available to the area upon annexation. The Schertz Fire Station located at 1400 Schertz Parkway will provide primary fIre response. Adequate fIre suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshall's office as needed. EMERGENCY MEDICAL SERVICES Existing Service: Schertz EMS Service to be Provided: These services will be provided by the City according to the general standard and scope of those services furnished by the city in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. SOLID WASTE SERVICES Existing Service: Bexar Waste Service to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present franchise ordinance. Service shall comply with existing City policies, beginning with occupancy structures. WATER SERVICE Existing Service: None Services to be Provided: We do not anticipate a change at this time. Water service to the area will be provided in accordance with the applicable codes and departmental policy as future property develops. Water service shall be provided in accordance with extension ordinances. Extension of service shall comply with City codes and ordinances. These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. Service Plan PROJECT: 3 (MASKE ROAD AREA) Page 1 of2 SANITARY SEWER SERVICE Existing Service: CCMAlOSSF Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable codes and departmental policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes land ordinances. These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. Until such time a Sanitary Sewer Service can be provided, on-site sewage facilities (OSSF) will be reqnired. These requirements will be in accordance with the interlocal agreements with Guadalupe and Comal Counties. STREETS Existing Service: None Service to be Provided: These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. STREET LIGHTING Existing Service: None Services to be Provided: These services will be provided by the City according to the general standard and scope of those service furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. RECREATIONAL FACILITIES (PARKS. PLAYGROUNDS. SWIMMING POOLS. LIDRARY: Existing Service: Schertz Library Service to be Provided: Library services are currently available to all residents in Guadalupe County. Upon the effective date of annexation, additional recreational services will be provided within the current budget appropriation. MISCELLANEOUS All other services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns ofland utilization, and population density similar to this area being annexed. Service Plan PROJECT: 3 (MASKE ROAD AREA) Page 2 of2 " ~ I~ FORD ll~. . ENGINEERING INC. Date: May 7, 2004 Project No: 1124.28 NOTICE: THESE .FIELD NOTES WERE CItEATED FROM RECORDED DEEDS AND FIELD SURVEY DATA AND DO NOT REPRESENT AN ACTUAL COMPLETE FIELD SURVEY PROJECT 3 MASKE ROAD EXHIBIT A PRO~OSED EXHIBIT OF A 119.44 ACRE ANNEXATION TRACT . . Fieldnotes describing a 119;44 acre tract situated in the Toribio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Texas and more particularly described as follows: BEGINNING ata point for an interior corner of 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 ofShertz and Universal City, Texas in the south line of the Malford. Ackermann 58.48 acre tract recorded in Volume 647, Page 736, Deed ReCords, nuadalupe County, Texas, and in the north line of Windy Meadow Subdivision recorded in VolumeS, Page 47-A Plat Records, Guadalupe County,Texas;. THENCE,S 68049'11" W, 2095.81 feet 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 864, Page 29, Deed Records, Guadalupe COl)llty, Texas and the remainder ofa. 177 acre tract .recorded in Volume 97, Page 17, Deed Records, Guadalupe County, Texas, crossing F.M. 1518, to a point in the approximate center of the Cibolo Creek, for the southwest corner of this tract; THENCE, upstream with the approximate meanders of the centerline of the Cibolo Creek the following calls: . N 64006'53" W, 492.12 feet to apoint for angle corner of this tract; N 77024'23" W, 346.86 feet to a point for angle comer of this tract; S 88005'10" W, 462.90 feet to it point for angle corner for the most westerly southwest corner of this tract; . THENCE, N 68053'08" E, 1729.64 feet with the north line of the 177 acre tract crossing F.M. 1518, then with the north right-of-way line of Maske Road, to the southeast corner of the Allan Biegert 124.07 acre tract and the southwest corner of a 10.00 acre tract recorded in Volume 1247, Page 653, Deed Records, Guadalupe County, Texas, for an interior corner of this tract; 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590;4777 1-800-332-3109 Web Site: www.fordengiheering.com FAX: S90-4940 ~ ,I ~ FORD. ~~~ ,. . ENGINEERING INC. THENCE, N 21024'14" W, 2410.96 feet with the east line of the 124.0Tacre tract and the west line of the 10.00 acre tract and a IOLl7 acre tract recorded in Volume l1il, Page 377, Deed Records, Guadalupe County, Texas, for the northwest corner of this tract; THENCE, N 68030'05" E, 1429.75 feet with the north line of the IOLl7 acre tract to a. point in a west line of Ordinance No. 84-A-22 for the northeast corner of this tract; THENCE, S 21017'49" E, 3122.76 feet with the west line of Ordinance No. 84-A-22 . , crossing through the 10Ll7 acre tract and a 12.000acre tnictrecorded in Volume 1595, Page 260, Deed Records, Guadalupe County, Texas, Maske Road, and the 58.48 acre tract to the POINT OF BEGINNING and containing 119.44 acres of land more or less, according to a composite Of available maps and plats. Corresponding plat prepared i12428_UC SWAP ETJ ANNEXATION.dwg NOTICE: THESE FIELD NOTES WERE CREATED FROM RECORDED DEEDS AND FIELD.8URVEY DATA AND DO NOT REPRESENT ANACTUAL COMPLETE FIELD SURV};Y t0927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 1-800-332-3109 Web Site: WwwJordengineering.cotn FAX; 590-4940 NOTICE: THIS EXHmIT WAS CREATED FROM RECORDED DEEDS AND FIELD SURVEY DATA AND DO NOT REPRESENT AN ACTUAL COMPLETE FIELD SURVEY ~"" ,\'.\,-,,'-t"~c\'.'-" \'2-,\_\1 PROPOSED EXHIBIT OF 119.44 ACRE TRACT ANNEXA nON ~ ~~ I"~ I" ....\~ -to .v':P ~ . <f\ . 1"- <f\ \ o~ ;:, B''i..G'i..fi'C~'i..S ..l.. \0\", ,,1 \\'1.-1 Co ~ ...\ ~~ SCALlC 1" = 500' c\,-\ B'<i901 !,-C \'1.-'" <'f, ~ o'i :AO ..l..e- 1"'1. '.A.~ .~~ <f\ 1"- <P ->~o .> . c> >0~ -<>><1' '(j, <f\ .>'0 PM 1518 177 AC 97/17 S 88.05'10" W \ 462.90' .J N 77.24'23" W PROJECT 3 MASKE ROAD EXHIBIT A PROPOSED EXHIBIT OF A 119.44 ACRE TRACT ANNEXATION SITUATED IN THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS. DATE: 04-05-04 PROJECT NO.: 1124.28 ::)!' FORD ENGINEERING INC. ENGINEERING SURVE'tlNG PLANNING 10927 YNE ORl~. SUITE 104. SAN ANTONIO, TEXAS 78217. (210) 590-4777 EXHIBIT B NOTICE OF INTENT TO ANNEX PROJECT 3 (MASKE ROAD) PLEASE TAKE NOTICE that the City Council of the City of Schertz (the "City") intents to aunex the followiug property effective December 31,2004: 119.44 acres located adjacent to the existing city limits line parallel to Maske Road at FM 1518, Project 3 (Maske Road); Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, TJC 78154 Attention: City Manager CITY OF SCHERTZ By: Mayor, City of Schertz, Texas Notice ofIntent to Annex PROJECT 3 (MASKE ROAD) Page 1 of! ~ EXHIBIT C NOTICE OF PUBLIC HEARING PROJECT 3 (MASKE ROAD) Pursuant to Chapter 43 of the Texas Local Goverument Code, as amended (the "Act"), NOTICE IS IIEREBY GIVEN that the City Council of Schertz (the "City") will hold a public hearing on November 2, 2004 at 7:00 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"): 119.44 acres located adjacent to the existing city limits line parallel to Maske Road at FM 1518, Project 3 (Maske Road); 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 hearing. In lieu of attendance at the hearing, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager CITY OF SCHERTZ By: Mayor, City of Schertz, Texas Notice of Public Hearing PROJECT 3 (MASKE ROAD) Page 1 of 1