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17-A-08 - Recorded Annexation Ordinance CCMA South Schertz Plant_02162017Book 18359 Page 1246 7pgs ORDINANCE NO. 17 -A -08 Doc# 20170029833 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 63 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 600 FEET NORTH OF 1- 10, BEXAR COUNTY, TEXAS. 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; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the Daily Commercial Recorder on December 9, 2016; and WHEREAS, on December 13, 2016 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 16 -R -92 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable for municipal purposes and 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the 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 be bound by the acts, ordinances, resolutions, and regulations of the City. Ordinance 17 -A -08 Section 4. 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 5. 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 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. 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 7th day of February, 2017. PASSED, APPROVED AND ADOPTED on final rea4g he 14th day of February, 2017. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 17 -A -08 Exhibit A "The Land" METES AND BOUNDS DESCRIPTION FOR A 62.940 ACRE TRACT OF LAND Being 62,940 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 62.139 acre tract of land described in Volume 8434, Page 1819 of the Official Public Records of Real Property of Bexar County, Texas, and said 62,940 acres of land being more particularly described as follows: BEGINNING at a %" iron pin found on the Northeast right -of -way line of Trainor Hale Road, a Southwesterly corner of a 69.106 acre tract of land as described in Volume 6160, Page 1686 of the Official Public Records of Real Property of Bexar County, Tetras, and being the most Westerly corner of this herein described 62.940 acre tract of land; THENCE departing the Northeast right-of-way line of said Trainor Hale Road and with the Southeast line of said '69.106 acre tract of land, N 59° 47' 58" E distance of 3090.45 feet to a'fa" iron pin found on line for a reference point, a total distance of 3239.04 feet to the center of Cibolo Creek for the East corner of said 69.106 acre tract of land and being the Northerly corner of this herein described 62.940 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances, S 16° 43'50" 2 a distance of 385.56 feet to a point; S 471 04'33" E a distance of 140.10 feet to a point; and S 59° 31' 14" E a distance of 424,41 feet to point for the most Northerly corner of a 54.72 acre tract ofland as described in Volume 3357, Page 401. of the Official Public Records of Deal Property of Bexar County, the Easterly corner of this herein described 62,940 acre tract of land; THENCE departing; the center line of Cibolo Creek, and with a fence along the Northwesterly line of said 54,72 acre tract of land, S 62° 57' 00" W a distance of 240,92 feet to a' /" iron pin found for a corner of said 54.72 acre tract of land, and a corner of this herein described 62,940 acre tract of land; THENCE with the Northwesterly line of said 54.72 acre tract of land, the following calls and distances: S 590 48' 53" W a distance of 669.73 feet to a Vi" iron pin with. cap stamped "DAM #5348 PROP. COR." set for a corner, and S 590 55' 16" W a distance of 2362.65 feet to a' /z" iron pin found on the Northeast right-of-way line of said Trainer Bale Road, a Westerly corner of said 54.72 acre tract of land and being the Southwest corner of this herein described 62.940 acre tract of land; Ordinance 17 -A -08 THENCE with the Northeast tight-of-way litre of Trainer [Tale Road, the following ells, N 420 13' 33" W a distance of 108,20 feet to a l2" iron pin found for a corner and beginning of a carve to the curve to the right; With said curve to the right, baying a Radices of 231 5.23 feet, an Are Length of 199.88 feet, a Delta Angle of 04' 56' 47 ", and a Chord bearing and distance of 39° 50' 53" W, 199.52 feet to a corner, and N 37° 22' 29" W a distance, of 561.79 feet to the P01INT OF BEG[NN1NG and containing 62.940 acres of land, more or less, Bearings based on the Texas State Plane Coordinate System, Tex-as South Central Zone (4204), MAD 1983. Surveyed on the ground this the 121" day of May, 2014. Drew A. Mawye r Registered. Professional Zand S z -veyor No, 5348 TI3PLS Finn Registration fl .10 SA DAN44YUN-2014 Piroikeist CCi' vID07- $chcciW&B\CCIYI007- 62.940 AC- hf&B.doc Ordinance 17 -A -08 a k.FK ks.d la a :9s }lFr F. DREWA, EuAMER V.kyt kkJ kY klkl.y +I k�lk Cell ST r�i V� Iggg UR Pa Mal Nla IT A id- Tj Iii - 5M; nsY z: Ordinance 17-A-08 0 Fit • . . .......... ... HI M A n3 Ordinance 17-A-08 S(�]�][]ERTZ N ORD 17-A-08 wzPLE COMMUNITY- SERVICE- OPPORTUNITY Proposed Annexation CCMA Annexation 9", CB 5193 P-20 ABS 5 Last Update: January 31, 2017 0 250 500 1,000 1,500 2,000 Feet Doc# 20170029833 # Pages 7 02/16/2017 10:21 AM e -Filed & e- Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $46.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e -FILED and e- RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 02/16/2017 10:21 AM COUNTY CLERK, BEXAR COUNTY TEXAS