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15-S-02 - Amending official zoning map for approximately 61.111 acre tract of land to public use districtORDINANCE NO. 15 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to rezone approximately 69.111 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning; and WHEREAS, on January 6, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTIT: Brenda Dennis, City Secretary W �' (SEAL OF THE CITY) Exhibit A "The Property" 1;31' €111317 A C=U�=o LAND SURVEYING -- METES AND BOUNDS DESCRIPTION FOR A 69.111 ACRE `fRAC`f OF LAND Being 69.111 acres of land out of the E. Gortari Survey No, 2, Abstract No. 5, County Block 5193, Bexar County, 'texas, and being all of a 69.106 acre tract of land described in Volume 6160, Page 1686 of the Official Public Records of Real Property of Bexar County, 'texas, and said 69.111 acres of land being more particularly described as follows: BEGINNING at a W' iron pin found on the Northeast right -of -way line of Trainer Hale Road, a Southwesterly corner of a 76.525 acre tract of land as described in Volume 6957, Page 2037 of the Official Public Records of Real Property of Bexar County, Texas, and being the most Westerly corner of this herein described 69.1 t 1 acre tract of land; THENCE departing the Northeast right -of -way line of said Trainer Hale Road and with the Southeast line of said 76.525 acre tract of land, the following calls and distances: N 59° 45'28" E a distance of 593.61 feet to a M? iron pin with cap stamped "DAM #5348 PROP. COR." set for a corner; S 45° 08' 36" E a distance of 347.44 feet to a' /a" iron pin found for an interior corner; and N 60° 51' 16" E a distance of 93273 feet to a I" iron pipe found for the East corner of said 76.525 acre tract of land, a Southwest corner of a 16.081 acre tract of as described in Volume 15339, Page 851 of the Official Public Records of Bexar County, Texas; THENCE with the Southeast line of said 16.081 acre tract of land and passing the South corner of a 11.887 acre tract of land as described in Volume 12333, Page 538 of the Official Public Records of Bcxar County, 'Texas, N 60° 53' 27" E a distance of 1909.82 feet to a'' /1" iron pin found on line for a reference point, a total distance of 1994.55 feet to the center of Cibolo Creek for the East comer of said 16.081 acre tract of land and being the North corner of this herein described 69.111 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances: S 220 36' 10" E a distance of 299.88 feet to a point; S 430 49' 17" E a distance of 3164 feet to a point; and S 18° 11'30" E a distance of 481.20 feet to point for the East corner of this herein described 69.111 acre tract of land; THENCE departing the center 1'ute of Cibolo Creek, S 59° 47' 58" W a distance of 151.27 feet to a %a" iron pin found on line for a reference point, a total distance of 3241.67 feet to a %" iron pin found on the Northeast right -of -way line of said Trainer Hale Road, a Westerly corner of a 62.139 acre tract of land as described in Volume 8434, Page 1819 of the Official Public Records of Real Property of Bexar County, Texas, and being the Southwest corner of this herein described 69.111 acre tract of land; THENCE with the Northeast right -of -way line of said Trainer Hale Road, the following calls and distances: N 37° 11' 21" W a distance of 134,66 feet to a %a" iron pin with cap stamped "DAM #5348 PROP. COR." set fora corner; N 38° 24'49" W a distance of 652.84 feet to a %a" iron phi with cap stamped "DAM #5348 PROP. COR." set for a corner; 2700 Rolling Creek, Spring Branch, TX 78070 1 T: 210,325.0858 A -1 N 481 16' 36" W a distance of 332.53 feet to a %2" iron gin with cap stamped "DAM #5348 PROP. COR." set for a canner and a curve to the left; and with said curve to the left, having a Radius of 679.64 feet, an Are Length of 98.09 feet, a Delta Angle of 08° 16' 08 ", and a Chord hearing and distance of N 44° 08'32" W, 98.00 feet to a to the POINT OF BEGINNING and containing 69.111 acres of land, more or less; Bearings based on the Texas State Piano Coordinate System, Texas South Central Zone (4204), N.A.D 1983. Surveyed on the ground this the ='t day of January, 2014. A'IuA ) -XI, —�x jkVttA-/-- Drew A. Iv awyer Registered Professional Land Surve or No. 5348 TBPLS Firm Registration #10191500 S:\_DAIM-MLV-2014 Projects \CCM044= rrafOcr Holo\lvt B\CCM00,1 -69.11 t AC- M &B.doc 2700 Rolling Creek, Spring Branch, TX 78070 1 T. 210.325.0858 A-2 Exhibit B "The Property" Oil Im s- z MOM fiE X A 1 11 MIS P €pAp g,p§ \ j3? �°iAi9 �� l � ♦ .-0f' I�I � � �3i �y 3 �SC� 3 5!7 QE I Z 2g14 Ilk