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2003R11- SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT-(PID) RESOLUTION NO. t7~-;(-;1;1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS MAKING FINDINGS AS TO THE ADVISABILITY OF THE CREATION OF THE SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT; AND CONSIDERATION OF OTHER MATTERS IN CONNECTION WITH THE SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT WHEREAS, the City of Schertz, Texas (the "City") has received from owners of the property described in attached Exhibit A, except as noted in such Exhibit A, a petition (the "Petition") filed with the City Secretary of the City that complies with the requirements of Section 372.005 of Texas Local Government Code, as amended (the "Act"), and that requests the City to create a public improvement district, which shall be designated the Schertz 1-35/3009 Public Improvement District (the "District"); and WHEREAS, in connection with the creation of the District, the City will pay the costs to make street improvements in the District from (i) its general fund and/or (ii) debt issued by the City; and WHEREAS, the purpose of the District is to provide a source of revenue to the City through the imposition of special assessments upon the benefited property of all property owners in the District (the "Property Owners") to reimburse the City to the extent provided herein and in the Petition for costs the City incurs in making certain improvements in the District; and WHEREAS, the Petition, a copy of which is attached hereto as Exhibit A, describes the general nature of the proposed improvements (the "Project"); and WHEREAS, the Petition indicates that the estimated cost of the Project is $717,550.00; and WHEREAS, the Petition describes the boundaries of the proposed District; and WHEREAS, the Petition indicates that the method of assessment will be equally per square foot in accordance with Section 372.015 of the Act; and WHEREAS, the Petition indicates that (i) the City shall pay twenty-five percent (25%) of the cost of the improvements, to the extent the total Project costs do not exceed $717,550, and one-hundred percent (100%) of any Project costs in excess of$717,550.00; and WHEREAS, the Petition indicates that the District will be managed by the City; and WHEREAS, the Petition was signed by (1) owners of taxable real property representing more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment in the proposed District as determined by the current roll of the Guadalupe County Appraisal District and (2) record owners of real property liable for assessment in the proposed District who (a) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment in the proposed District or (b) own taxable real property that constitutes 20045661.2 .--............-......-..-....-..-..-....-T..----.-.-----..........-..-.----..........-..-...--.-...--....-..-----.-..- w..._..___._._...........____.............. more than fifty percent (50%) of the area of all taxable real property that is liable for assessment in the proposed District, all as described on Exhibit B; and WHEREAS, the City believes it to be advisable to establish an advisory board for the District composed of representatives of Property Owners which signed the Petition; and WHEREAS, the Project will be an Authorized Improvement as defined in Section 372.003 of the Act; and WHEREAS, notice of a public hearing to consider the advisability of the creation of the District was published in a local newspaper of general circulation on May 15, 2003, which notice contained the required information under Section 372.009 of the Act, including the time and place of the hearing; the general nature of the proposed improvements; the estimated costs of the proposed improvements; the boundaries of the District; the proposed method of assessment; and the proposed apportionment of costs between the District and the City as a whole; and WHEREAS, a notice of the public hearing to consider the advisability of creating the District was mailed on May 16, 2003 (which date was at least 15 days before the hearing) to the Property Owners at the current address of each property as reflected on the tax rolls, which notice contained all of the required information under Section 372.009 of the Act, including the time and place of the hearing; the general nature of the proposed improvements; the estimated costs of the proposed improvements; the boundaries of the District; the proposed method of assessment; and the proposed apportionment of cost between the District and the City as a whole; and WHEREAS the public hearing was held with all interested parties having been given the opportunity to be heard; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: (1) (2) 20045661.2 The City Council, having duly considered the Petition, hereby finds (a) the Petition was submitted pursuant to, and meets the requirements of, Section 372.005 of the Act; (b) the Project and the improvements proposed in the Petition are the same and constitute Authorized Improvements under Section 372.003 of the Act; and (c) notice of the public hearing regarding the advisability and creation of the District was published in a newspaper of general circulation and was given to the Property Owners, all as required in Section 372.009 of the Act. The City Council, having duly considered the Petition and the comments of those who made presentations at the public hearing, hereby finds it is advisable to establish a public improvement district pursuant to Chapter 372 of Act (a) to make street improvements to the District as further described in Exhibit A; (b) in which funds from the City's general fund and/or proceeds of debt issued by the City will be utilized to improve the Project at an estimated cost of $717,550.00; (c) having boundaries as shown on Exhibit A; (d) in which the costs of street improvements to the District will be assessed equally per square foot; (e) in which the City will pay twenty-five percent (25%) of the costs of the improvements, to the extent the project does not exceed $717,550.00, and one-hundred percent (100%) ofthe costs in excess of$717,550.00; and (f) that is governed by the City. 2 .-. .. .-...,. ............ -. ---r ..--..-.-..--... .--.... . (3) The City Council authorizes the City Manager to appoint members to the advisory board in accordance with Section 372.008 of the Act. (4) Although the City may issue debt to improve the Project, this Resolution shall not create any obligation on the part of the City to issue debt or to otherwise improve the Project or reimburse the Property Owners for any costs they may have incurred relating to the Project. Such obligation shall only arise upon the execution of appropriate loan documentation and the imposition of the contemplated special assessment against the benefited property. (5) This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas, and establishes compliance by the City with the requirements of Texas law. (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. (7) All ordinances and 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. (8) This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. (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. (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, as amended, Texas Government Code. (11) This Resolution shall take effect and be III full force immediately upon its adoption. 20045661.2 3 PASSED, ADOPTED, and APPROVED this >~t~ day of Attest: ~~ City Secretary (City Seal) 20045661.2 S-l . ~ " "UM_,_,''''''____ '~__"..,.m. ."...><-...-....-...1.'A.....-----.----.."'.---'.'.....-"._.,....._,"_,,_.' ....,_..<_"_.~.__^.. . PETITION FOR THE CREATION OF THE SCHERTZ PUBLIC IMPROVEMENT DISTRICT The undersigned parties (the "Parties") hereby petition the City Council of the City of Schertz, Texas (the "City") to establish a public improvement district (the "District") pursuant to all applicable law, including the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "Act"), as follows: 1. Required Petitioners. The Parties are (1) owners of taxable real property representing more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment in the proposed District as determined by the current roll of the Guadalupe County Appraisal District and (2) record owners of real property liable for assessment in the proposed District who (a) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment in the proposed District or (b) own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment in the proposed District. 2. Exhibit A. Boundaries of District. The boundaries of the proposed District are shown on 3. Nature of Improvements. The general nature of the proposed improvements in the District includes landscaping; erection of distinctive lighting and signs; acquiring, constructing, improving, widening, narrowing, closing or rerouting of sidewalks or of streets, any other roadways, or other rights-of-way in the District; acquisition, construction, or improvement of off-street parking facilities; any other improvement or administrative costs authorized by the Act; and the payment of any expenses incurred in the establishment, administration, and operation of the District. The proposed capital improvements, services, administrative costs, and expenses provided by the District shall be in addition to the current and anticipated capital improvements and services provided by the City in the area of the proposed District. The proposed project for the District is described on Exhibit B. 4. Cost of Improvements. The estimated cost of the improvements for the project is $717,550.00. 5. Method of Assessment. The proposed method of assessment shall be equally per square foot in accordance with Section 372.015 of the Act (Exhibit C). 6. Apportionment of Costs. The City shall pay twenty-five percent (25%) of the cost of the improvements described in paragraph 4 above, to the extent the total project costs do not exceed $717,550, and 100% of any project costs in excess of $717,550.00. Otherwise, all costs of the District's activities will be paid by and apportioned to the District and not to the City as a whole, in which case, the City's property, if any, included in the District shall be subject to assessment on the same basis as all other property in the District. It is not intended that the City reduce its current and anticipated level of capital improvements and services provided for the entities and property in the District. 7. Management of District. The District will be managed by the City. 20043702.5 - 1 - .-.-..---........--.-----.--,------...--...-.-...--------.--......-.---.-..- .-..-..-......--....---.-------.-------..--.-..- 8. Reauested Action. The undersigned parties hereby request that the City establish the District. 9. Advisory Body. An advisory committee shall be established to develop and recommend an improvement plan to the City. The composition of the advisory committee shall be determined in accordance with Section 372.008 of the Act. 10. Debt. The City is requested to issue debt for the benefit of the District, and the District intends to fund its share of the cost of the proposed improvements on an annual basis pursuant to a budget adopted by the District and approved by the City. Such debt is anticipated . to have a term o.f not more than three (3) years. Upon payment in full of such debt, the assessments shall cease. 11. Multiple Counterparts. The petition may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. {The remainder of this page intentionally left blank] 20043702.5 - 2 - -~..-_.."..._."-~.."._~.,--~,.--_._...~..'a_'''''''--r'~..,.".~...,___.__,__."..___.......,.___,._______,___,....____._,__.._..__________.__.~____~.__.___.____.m~ 12. Filing with City Secretary. Upon execution, this petition shall be filed of record with the City Secretary. BY: Evelyn Kramme Ripps By: Name: Date of Signature 12311 Somerset Rd # 1 Von Ormy, Texas 78073 200299-0000-00800-0-00 Guadalupe County Appraisal District Account Number BY: HEB Grocery Co., L.P., a Texas limited partnership 646 South Main Street San Antonio, Texas 78204 I GI355-0001-00500-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-1 .-...------..-T.- BY: Corridor Properties Ltd. By: Barshop & Oles Properties, Ltd., its General Partner By: Barshop & Oles Company, Inc., its Genera~: \.1_ By: ~ I vrc.-. Lewis F. Westerman, Executive Vice President Ar~'" f, """ ) Date of Signature 900 Isom Road, Suite 300 San Antonio, Texas 78216 2G0299-0000-00600-0-00 & 2GO 153-0000-09860-0-00 Guadalupe County Appraisal District Account Numbers BY: State Bank & Trust of Seguin By: Name: Joe H. Bruns Title: President Date of Signature 4917 FM 3009 Schertz, Texas 78154 1 G2945-2001-00400-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-2 BY: Corridor Properties Ltd. By: Barshop & Oles Properties, Ltd., its General Partner By: Barshop & Oles Company, Inc., its General Partner By: LewisF. Westerman, Executive Vice President Date of Signature 900 Isom Road, Suite 300 San Antonio, Texas 78216 2G0299-0000-00600-0-00 & 2GOI53-0000-09860-0-00 Guadalupe County Appraisal District Account Numbers BY: 4917 FM 3009 Schertz, Texas 78154 I G2945-200 1-00400-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-2 .......,. BY: Randolph Brooks Federal Credit Union By: Name Title: W03 Date f gnature P.O. Box 2097 Universal City, Texas 78148-2097 1 G2499-0001-00200-0-00 Guadalupe County Appraisal District Account Number BY: Brazos De Santos Partners Ltd By: Name: Title: Date of Signature 430 S. Santa Rosa San Antonio, Texas 78217 I G2099-300 1-00 I 00-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-3 -~---_.~~_.._~-_.._-,.__.-"'t' BY: Randolph Brooks Federal Credit Union By: Name: Jimmy O. Junkin Title: Senior Vice President, Finance Date of Signature P.O. Box 2097 Universal City, Texas 78148-2097 1 G2499-000 1-00200-0-00 Guadalupe County Appraisal District Account Number BY: Brazos De Santos Partners Ltd By: Name: Title: ~'\. -e. -b..-.r , 2. -\,~-O> Date of Signature 430 S. Santa Rosa San Antonio, Texas 78217 1 G2099- 3001-00100-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-3 20043702.5 BY: CNL Funding 2001-1 LP By: Name: Title: Date of Signature 8918 Tesoro Drive, Suite 200 San Antonio, Texas 78217 1 G3206-0001-00300-0-00 Guadalupe County Appraisal District Account Number BY: McDonalds of Hawaii Development Co. By: Name: Title: Date of Signature 7300 Blanco Road, #302 San Antonio, Texas 78216 1 G2057 -0001-00200-0-00 Guadalupe County Appraisal District Account Number S-4 .----..-------------.-,.-. BY: Security Service\Federal Credit Union By:r~~.~~ Name. ~. ~ ~ Title: ~ ~ be - t eO 4..~ Date of Signature 16211 La Cantera Parkway San Antonio, Texas 78256 2<J0153-0000-03665 Guadalupe County Appraisal District Account Number BY: Brazos River Leasing LP By: Name: Title: Vice President Date of Signature P.O. Box 696000 San Antonio, Texas 78269 1 <J0777 -0001-00100-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-5 _._.._.__..._----~- BY: Sonic Development of Central Texas Date of Signature 4513 Berleson Road Austin, Texas 78744 1 G3099-000 1-00500-0-00 Guadalupe County Appraisal District Account Number BY: Tavernier, Jayrne A. and Janet S. By: Name: Title: Date of Signature By: Name: Title: Date of Signature 17604 IH-35N Schertz, Texas 78154 1 G283 2-0001-00400-0-00 Guadalupe County Appraisal District Account Number 20043702.5 S-6 .-----.-----,.-----.-. EXHIBIT A 20045661.2 A-I .- --... -----.-....... ..- ... .'T . -----.-...... - .. EXHIBIT A District Boundaries 20043702.5 A-I ..4".~-'-'" -.r...-.-........""'C." 'II Q tI~ I NtI -0 '... ..... ~n iillt ..,. ...~ GI"~" -10 HO Nt i!ill o. 1II0! 10 ~I~ 11 ~ =-1 411 II ~ 0.. tI .. II ~?t\')\ '~tI ~ . = '1'~ I ~ . U' o "'" ~ I?j ~. z ~ c;') ~ .- -~ Z 9~ t?=j iTf~ t-.-t I x Z L-.J ~G) ~ '-l .- ~ z ;-I. c;') N o ......." 01 r U> > o Z I ~ . Z :::t G) '-l ~ ~ ~ :?> ~?> -<? I \ ~.'"-.~ --.-. -'T ~~I ~ r~ ..........".~~~-_..---~.......,.................~.. . CU7ol.CRBR~. a......I1I.p. C...ty. ...x.. CURVE TABLE ADIU DELTA CHIlRD BEARING :lO.OO 860:52'19' 68.~ N86.23'3O"E 0 29LOO 9"01'25' 45.78 S45"39'38'E 37O.l1O 104"10'00" 583.79 sur56'04"V so.oo 87'35'41" 6921 N7:M7'42"V C:;, so.oO 89"58'18. 70.69 SI5"22'41"V ~ C'"'.<:> 430.00 1~21'57' 683.95 NJ7.42'37'E 'V 39t.OO 0.47'29' :5.40 N44'34'36'V ~. :lO.OO 87'09'lI2' 68.92 NOO"29'03"J ~ ("\ ~ 184J10 10"10'46' 32.65 S315"18'33'V ~ y' II': ~,'" "~ r:~Y ~ ~v o~cb ~ ~ ~~c;) . <v. ~ ~~~~~~ ~ "'" ~ 0<:) 4;-<<: ~ .;.:> ~~ CURVE LENGTH CI 7:s.8t C2 45.83 C3 672.68 C4 76.44 C5 78.52 C6 790.76 C7 :5.40 C8 76.04 C9 32.69 j( z o ~ ~ 00 0 0) <.V . ~ ~ - -..&~ -~ LOT 1, BLOCK 1 MILLER BROS PARTNERSHIP NO 3 VOL.5. PG.211 . ~ ~~ i'!.O ~rP ~. o c::( o Ir.oo:::t 0-<.0 o~ <.9 0- UJ 0..J 00 ~> Ir. o o C3 ~ ~ ~o tfu ~ ~~ ~ 'b o ~cP. o CP.. ~ PUBLIC 1...ItOV....JIIIIl ~ DI1I...ICIJI "'&0'11 1 ~ RZIDBI'1' fl.'" ::)I EN~"~: ENG~~~~RI~G ~~:~G c..,.:.- .JU.MS8~ 10927 WYE DRIVE. SUITE 104. SAN ANTONIO. TEXAS 78217. (210) 590-4777 I I \. "~""'''''''''''''''''-----''.- "'~"'J"'__.......,...-...-.._.....~----==..~.......~._...,,,,...;,,.,,,,,,,,,,,__.~,,,--,,-",-,,,,**,,-,,.....-.&.-~_-=----......................,./ -'-'.-.'-----'.-, ---'"""... \ 1 ! i J , / December 06, 2002 Project: 1121.75 PID MAP P .1.0. TRACT No. 1 Field notes describing a 4.30 acre tract ofland being derived from: Lot 3, Block 1, Taco Cabana-FM 3009 at IH 35, recorded in Volume 5, Page 391-B, Plat Records, Guadalupe County, Texas; Lot 1, Block 1, Miller Bros. Partnership No.3, recorded in Volume 5, Page 211-A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, SchIotzsky's Deli I FM 3009 at IH 35, recorded in Volume 6, Page 60, Plat Records, Guadalupe County, Texas; and Lot 5, Block 1, Sonic at Corridor Loop Road, recorded in Volume 6, Page 217, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the northeast right-of-way line ofF.M. 3009 at the P.T. return for Corridor Loop Road at a comer ofthis tract and said Lot 3, Block 1; THENCE N 290 36' 00" W, 202.88 feet along the northeast right-of-way line ofFM 3009 to a flare corner of this tract and said Lot 1, Block 1; THENCE N 01034' 40" W, 186.47 feet along the flare to a point in the south right-of- way line ofInterstate Highway 35 for a comer of this tract and said Lot 1, Block 1; THENCE N 43003' 28" E, 115.00 feet along the south right-of-way line ofInterstate Highway 35 to an angle point of this tract and said Lot 1, Block 1; THENCE N 42058' 04" E, 213.03 feet continuing along the south right-of-way line of Interstate Highway 35 to a corner of this tract and said Lot 4, Block 1, at the P.C. return of a curve to the right in the west right-of-way line of Corridor Loop Road; THENCE along the west right-of-way line of Corridor Loop Road and with said curve to the right having a radius of50.00 feet, a delta angle of860 52' 19", an arc length of75.81 feet (chord bears N 86023 '30" E, 68.75 feet) to a point of compound curvature and corner ofthis tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of291.00 feet, a delta angle of 090 01' 25", an arc length of 45.83 feet (chord bears S 45039'38" E, 45.78 feet) to a point of compound curvature and corner of this tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of370.00 feet, a delta angle of 1040 10' 00", an arc length of672.68 feet (chord bears S 10056'04" W, 583.79 feet) to a point of tangency and corner of this tract; THENCE S 630 01' 06" W, 47.92 feet continuing along the west right-of-way line of Corridor Loop Road to a point at the P.e. return and curve to the right; ------..-.-.-..---.....--......r.--.--.- THENCE with said curve to the right having a radius of 50. 00 feet, a delta angle of870 35' 41", an arc length of 76.54 feet (chord bears N 73017'42" W, 69.21 feet) to the POINT OF BEGINNING and containing 4.30 acres of land. Note: These field notes do not represent a boundary survey but are derived from recorded instruments for the sole purpose of the Public Improvement District (P .I.D. ). 2 _._"-'._-'._~---.-I- I_..........._;;r-___...~ ... .... r i , I f;..,.~ <r:J ~~ ':) .~~: ~ L ~ /0'0 n," ~..; y ~b<"v ":l~CO' ~4; ~ ~ ~G~ ~ ~ ~ EVELYN KRAMNE RIPPS 35ACRESOUTOFA 160ACRE TRACT RECORDED IN VOL 262. PG 169 CURVE LENGTH C1 75.81 Cl! 4:J.83 C3 67l!.68 C4 76.44 C:5 7&.:52 C6 790.76 C7 ~4O C8 76.0.4 C9 3l!.69 CURVE TABLE ADIU DELTA CHORD BEARING 50.00 B6"5l!'I9" 68.75 N86.l!3'3ll'E ecn.oo 9'Ol'l!5' 45.78 S4S.39'38'E 370.00 104"10'00" ~3.79 $10"56'04'\1 50.00 87"35'41' 6921 N73"17'4l!'V 50.00 89-:58'l8' 70.69 $1:5'22"41'\1 430.00 10:5"21'57' 683.9:5 N07"42"37'"E 391.00 00.7'29" 5.40 N.4"34'36'\1 50.00 87"08'02" 68.9l! NOO"l!9'03'\1 184.00 10"10'46' 32.6:5 s:5:5'I8.33'\( -1- ~ ~- '?:>. ~ ~ ~ 'J?': lJ> PUBLIC Ir~~~*",~i7J'''IFII.~D-T~1fIfII _,,~,JiF"~~ VI ,J;!J&,".~~~"'&~ 'IF'\Jr~IipD~~1ip 1ipB'.,A1P'l1ip 2 ~~~ ==- =::I ~===.., '==t == ~ ~=a=='" == ~ R~II...!:1DI'1" City 01 8CD~R'PB 0.......' S1III da I"l"l"',e, IP'I01"U! a'tvr !/'J!!I~\za s~ _!I ~~ ~ _=r~ ~CJ'!!!!:f .., ~ =.I=..t!!:a:l .." ==.I ~===- _=~ ~ 'iW &.,;N- JUJiSU _..-..~..... ";.., J{ '0 ~~')) ..<(:. t>:\l'r- Ri\) ~6 (j) o ~ ~ O!. tv q [11 '" <&, to .I>:. "- <0 ;i .-. .-. s to :<t O'J '" o .-. en :B FORD ENGINEERING INC. ENGINEERING SURVEYING. PLANNING 10927 WYE DRIVE, SUITE 10., SAN ANTONIO, TEXAS 78217, (210) 590-.777 ., ~- ....~~,-," '---...., December 06, 2002 Project: 1121.75 PID MAP P .I.D. TRACT No.2 Field notes describing a 47.35 acre tract of land being derived from: a 35 acre tract out of a 160 acre tractofJand conveyed to Evelyn Kramme Ripps, recorded in Volume 292, Page 169, Deed Records, Guadalupe County, Texas; Lot 2, Block 1, Randolph-Brooks / FM 3Q09, recorded in Volume 5, Page 344A, Plat Records, Guadalupe County, Texas; and the remainder of a 16.50 acre tract, recorded in Volume 1181, Page 337-338, Deed Records, Guadalupe County, Texas; BEGINNING at a point in the southeast right-of-way line ofInterstate Highway 35 at the north comer of the said remainder of a 16.50 acre tract; THENCE S 300 31' 32" E, 987.26 feet to a point for a comer of this tract in the north line of the 35 acre tract; THENCE N 60004' 02" E, 548.28 feet along the north line ofthe 160 acre tract to a point for a comer of this tract; THENCE N 800 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of this tract; THENCE S 100 29' 45" W, 1113.67 feet to a point for a corner ofthis tract; THENCE S 520 57' 13" W, 592.47 feet to a point in the east right-of-way ofFM 3009 for a corner of this tract; THENCE N 290 36' 00" W, 1613.45 feet along the east right-of-way line ofFM 3009 to a point for a corner ofthis tract at the PC return of a curve to the right for said Lot 2, Block 1 and Corridor Loop Road; THENCE along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of50.00 feet, a delta angle of890 58' 18", an arc length of78.52 feet (chord bears N 15022'41" E, 70.69 feet) to a point for a comer of this tract; THENCE N 60023' 33" E, 62.53 feet along the east right-of-way of Corridor Loop Road to a point at the PC ofa curve to the left and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the left having a radius of 430.00 feet, a delta angle of 105021' 57", an arc length of 790.76 feet (chord bears N 07042'37" E, 683.95 feet) to a point of reverse curvature ofa curve to the right and a comer of this tract; --'-.' THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of391.00 feet, a delta angle of 000 47' 29", an arc length of5.40 feet (chord bears N 44034'36" W, 5.40 feet) to a point for a comer of this tract; THENCE N 440 10' 52" W, 17.72 feet continuing along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the right; THENCE with said curve to the right having a radius of50.00 feet, a d~lta angle of870 08' 02", an arc length of76.04 feet (chord bears N 00~9'03" W, 68.92 feet) to a point in the south right-of-way line ofInterstate Highway 35 for a comer of this tract; THENCE N 420 58' 00" E, 308.31 feet along the south right-of-way line of the Interstate Highway 35 to a point for a comer of this tract; THENCE N 39008' 57" E, 88.58 feet along the south right-of-way line of the Interstate Highway 35 to the POINT OF BEGINNING and containing 47.35 acres ofland. Note: These fieldnotes do not represent a boundary survey but are derived from recorded instruments for the sole purpose of the Public Improvement District (PoIoDo)o 2 -.----- I .,.~----,~.,--~;..~~-.&"',..,..--,.,.................~-~....,...- .....~~.......~,.,,.,<. ~.:'". : I i \ , i I i I J z l N i cq ! (,.) CJ) c5 I ~ I ~ N i N ! ~ ...... o:! INTERSTATE HIGHWAY 35 fl 9.13' N 57"48'53' - U'A ";0 SSFCU McOONAlDS- 7->0 {:>7. IH-35/FM 3009 "7. \5'-, LOH, BLOCK 1 35 LOT 2, 6'- ~ VOL,6, PG,382 BLOCK 1 DIAMOND VOl. 5, SHAMROCK-35 PG.149A LOT 1, BLOCK 1 S 60023'58" W VOl.5, PG.12OA 248.00' HEB 35/ F.M. 3009 LOT 5, BLOCK 1 z VOl.5, PG.343 N CD W 0) c5 IJ.'IIAc. lIO.a c.; ~ ~ 0 (::, q S 60023'57" W 456.59' ~I S 60023'58" W 443.41' O)cq SEGUIN STATE BANK OJ (,) ~~ SUBDIVISION NO.2 -" 0 -c.; LOT 4, BLOCK 1 ~ VOl. 5, PG. 2498 z CURVE TABLE N CURVE LENGTH RADIUS DELTA CI-tJRD BEARING cq (,) C1 ~ ~ 86"2'19" 68,~ N86'23'30"E 0) C2 45.83 e9t.OO 9"01'l!:J' 45.78 S4:5"39'38"E c5 FOREST RIDGE ~ COMMERCIAL C3 672.68 370.00 104'10'l10'' :583.79 $1lt:56'04'"\1 C4 76.44 :5C)./iii 8r3:J'41' 6~.et N73"17'42'"\I ~ LOT 6, BLOCK 1 C5 78.52 50.00 ~8" 70.6~ $15"22'41'"\1 0) (4,869 ACRES) CD C6 790.76 43O.l1O 10:5'21'57" 683.95 N07'42'37"[ OJ C7 5.40 391.00 0"47'29" 5.40 ""''34'36'"\1 ex, C!2 C8 76.04 ~ eroB'02" 68.92 NOO"29'03'"V C9 32.69 184,00 10"10'46" 32.65 S""18'33"'" CltT 01 8CIDI.... 500~3'~~" \N 5 18' C.....IT ., ...Z... 96. ..".I...e S 60023'56" W C9 \ N 63034'20" E 70 , E 723 35' ~ ~ w o o ~ (J) N CD W 0) c5 ~ m -" (,) 01 01 CD q G 202.22' S 60023'56" W 69.99' ~ ,~LW . ~'I.t-- ~ &.p;o:- .M&MS8~ PUllJaIC u.aaRO""'B'J.' DI....IC.. ...&0.. 3 :1.1 I'JI FORD ENGINEERING INC. :B i i ENGINEERING SURVEYING. PlANNING 10927 W'IE DRIVE. SUITE 1D4. SAN ANTONIO. TEXAS 78217, (210) 590-47n M..,..,........,..,."._=---=,.....~___~~_-.....-................_..........~....'~,,_...........-..._..._.....~,.....&"'...~.~~~-..........~____~....._"""/". ---r December 06, 2002 Project: 1121.75 PID MAP P .1.0. TRACT No.3 Field notes describing a 30.14 acres tract ofJand being derived from: Lot 1, Block 1, Diamond Shamrock-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, Seguin State Bank, Subdivision No.2, recorded in Volume 5, Page 249B, Plat Records, Guadalupe County, Texas; Lot 5, Block 1, HEB 35 / FM 3009, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; Lot 2, Block 1, McDonalds-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 6, Block 1, Forest Ridge Commercial, an unrecorded subdivision; and Lot 4, Block 1, SSFCU IH-35/FM 3009, recorded in Volume 6, Page 382, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the south right-of-way line ofInterstate Highway 35 at the west comer ofSSFCU IH-35/FM 3009 subdivision for a corner of this tract; THENCE N 63034' 20" E, 709.13 feet along said right-of-way to a point for angle point of this tract; THENCE N 570 48' 53" E, 723.35 feet continuing along said right-of-way to a point for a comer ofthis tract at the flare comer ofFM 3009 and said Diamond Shamrock-35 Subdivision; THENCE S 730 12' 15" W, 170.15 feet along said flare to a point for a corner of this tract in the southwest right-of-way line ofFM 3009 ; THENCE S 290 36' 00" E, 1355.90 feet along the southwest right-of-way line ofFM 3009 to a point for a corner of this tract being a corner of said Forest Ridge Commercial Subdivision; THENCE S 600 23' 56" W, 69.99 feet to a point for a corner of this tract at the PC of a curve to the left; THENCE with said curve to the left having a radius of 184.00 feet, a delta angle of 100 10' 46", an arc length of32.69 feet (chord bears S 55018'33" W, 32.65 feet) to a point for a corner of this tract; THENCE S 500 13' 11" W, 96.78 feet to a point for a corner ofthis tract; THENCE S 600 23' 56" W, 202.22 feet to a point for a corner of this tract; THENCE N 29036' 04" W, 698.89 feet to a point for a corner of this tract being also in the south property line of said HEB 35 / FM 3009 Subdivision; --.---.------,. THENCE S 600 23' 58" W, 443.41 feet to a point for a comer of this tract; THENCE N 29036' 03" W, 68.11 feet to a point for a comer of this tract; THENCE N 600 23' 57" W, 456.59 feet to a point for a corner of this tract; THENCE N 29036' 03" W, 510.00 feet to a point for a comer of this tract being the east comer of said SSFU IH-35/FM 3009 Subdivision; THENCE S 60023' 58" W, 248.00 feet to a point for a corner of this tract at the SQuth corner of said SSFU IH-35/FM 3009 Subdivision; THENCE N 290 36' 02" W, 228.75 feet to the POINT OF BEGINNING and containing 30.14 acres of land. Note: These field notes do not represent a boundary survey but are derived (rom recorded instruments (or the sole purpose o( the Public Improvement District (p.I.D.). 20043702.5 ....----,-... EXHIBIT B Initial Project B-1 FM 3009 Traffic Light and Roadway Public Improvement District Description of Work: Install traffic signalations at new roadway in accordance with TXDoT construction guidelines, to include constructing a 42' street with five-foot (5') sidewalks, in accordance with City Engineered Standards. Project will construct new roadways between Randolph Brooks FCU and Barshop Properties to the common property line of the Ripp's F~ continuing to the proposed intersection of Ripp's F~ Randolph Brooks FCU, HEB and State Bank & Trust (see PID Map for details). Estimated Construction Cost Description Unit Unit Price Qty A. Build 42 foot street with sidewalk L.F. $200.00 1600 B. Signals L.S. $125,000 1 C. Assessment Contingency D. Purchase Land Special Assessment Total City of Schertz Participation Purchase Land Engineering 12% Surveying 3% Legal Services 80 hrs @ 400. Price $320,000 $125,000 $ 44,500 $60.000 $549,500 $ 60,000 $ 60,840 $ 15,210 $ 32.000 City Share $168,050 Combined Total Project Cost $717,550 Should the project not be developed, the city will apply $168,050 to construct a raised center median as in accordance to TXDOT Standards. - I EXIllBIT C 2001 Guadalupe County Appraisal 20043702.5 C-l --r Company Schlotzskys Sonic Diamond Shamrock McDonalds Taco Cabana SSFCU 'BiII Millers RBFCU State Bank Corridor Properties Ltd. (Forrest Ridge Commercial)** Corridor Properties ltd. (Corridor Loop) HEB Ripps* City of Schertz Total Grand Total * Note: This figure now represents 35 acres of the 155.131 acres for the Ripps property. ** only includes property next to State Bank one acre = 43,560 SF Based on Total Square Footaae ala 21 Nav 02 Sq.Ft. 38,246 41,164 43,168 44,192 47,698 55,016 59,982 66,690 87,120 212,094 431,157 858,873 1,524,600 Assessment Total SF Total $549,500.00 3,510,000 . I SF Assess 0.15655 PIC Fair Share % $5,987 0.83% $6,444 0.90% $6,758 0.94% $6,918 0.96% $7,467 1.04% $8,613 1.20% $9,390 1.31% $10,441 1.46% $13,639 1.90% $33,204 4.63% $67,499 9.41% $134,459 18.74% $238,680 33.26% PIO Share Total $549,500 $168,050 717,550 23.42% 100.00% EXHIBIT B Appraised Signed PID Property Owner Value ($) Sq. Ft. Petition Brazos De Santos Partners Ltd (Bill Miller's) 923,733 59,982 Yes Brazos River Leasing LP (Diamond Shamrock) 719,561 43,168 No response CNL Funding 2001-1 LP (Taco Cabana) 627,908 47,698 No Corridor Properties Ltd. 1,043,923 643,251 Yes HEB Grocery Co., L.P. 4,761,871 858,873 Yes McDonald's of Hawaii Development Co. 638,354 44,192 No response (McDonald's) Randolph Brooks Federal Credit Union 943,123 66,690 Yes Evelyn Kramme Ripps 698,089 1,524,600 No response Security Services Federal Credit Union 385,612 55,016 Yes Sonic Development of Central Texas (Sonic) 611,908 41,164 Yes State Bank & Trust of Seguin 1,624,765 87,120 Yes Tavernier, Jayme A. and Janet S. (Schlotzsky's) 602,385 38,246 No response Total 13,581,232 3,510,000 The petition will be effective when it is 1. signed by owners of $6,790,617 in value ($6,790,617 of$13,581,232 required); and 2. a. signed by at least seven (7) property owners (7 of 12 required), or b. signed by owners of at least 1,755,001 square feet (1,755,001 of3,510,000 required) The petition has been signed by 1. owners of $10,294,935 in value (which represents 75.8% of the appraised value of taxable real property liable for assessment in the proposed District); and 2. a. seven (7) property owners (which represents 58.3% ofthe record owners of property that are liable for assessment in the proposed District), and b. owners of 1,812,096 square feet (which represents 51.6% ofthe area of all taxable real property that is liable for assessment in the proposed District) The petition is approved. 20045661.2 C-l ......----.-....,.----..-...--.-.-..-.....---..........--..--------------.-.-.-.-.--.