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84A15-ANNEXATION 296.78 ACRES COMALORDINANCE N0.�„ AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 296.78 ACRES MORE OR LESS, OUT OF COMAL COUNTY. WHEREAS, the hereafter described tract of land adjoins the corporate limits of the City of Schertz, Texas, and does not exceed one (1) mile in width; and WHEREAS, public hearings on the question of whether said land should be annexed to and become a part of the City of Schertz, Texas, were duly called and notice thereof given and said public hearings have been had, all in accordance with law; and WHEREAS, by the passage of this ordinance annexation of said territory will have been brought to completion within ninety (90) days of the institution of annexation proceedings; and WHEREAS, the City Council of the City of Schertz, Texas, is of the opinion and finds that such territory is suitable for municipal purposes and that it is in the best interest of the City of Schertz, Texas, and the citizens and inhabitants thereof that said territory be annexed to and made a part of said city; and WHEREAS, the City Council has directed the City Manager to prepare a service plan that provides for the extension of municipal services into the area to be annexed in accordance with law; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the following described territory containing 296.78 acres of land lying adjacent to and adjoining the City of Schertz, Texas, be and the same is hereby added and annexed to the City of Schertz, Texas and said territory shall hereinafter be included within the boundary limits of said city and the various points contiguous to the area described are hereby altered and amended so as to include said land and territory within the corporate limits of the City of Schertz, Texas; said land being more particularly described by metes and bounds as follows: DESCRIPTION OF ANNEXATION OF 296.78 ACRES OF LAND Description of annexation of 296.78 acres of land, being 83.55 acres of land out of the Vicente Mecheli Survey No. 114, Abstract No. 383 and 213.23 acres of land out of the George M. Dolson Survey No. 96, Abstract No. 120, Comal County, Texas; BEGINNING: at a point on the City limits line of the City of Schertz, Texas, said point being the Northeast corner of Ordinance No. 77 -A -17, dated December, 1977, said point being the intersection of the West R.O.W. line of F.M. 3009, and the North line of the M.K.T. Railroad and being the Southeast corner of this tract; THE14CE: with th8 North line of the M.K.T. Railroad and the North City limits line, South 62 18'30" West, 5,687.14 feet for the Southwest corner of this tract and the Northwest corner of the Schertz City Limits line; THENCE: leaving the North line of the M.K.T. Railroad, North 29 °50`45" West, 1,619.60 feet along the Northwest property line of an 83.526 acre tract as recorded in Vol. 243, p. 20 of the Deed Records of Comal County, Texas; THENCE: along the aforementioned 83.526 acre tract, North 30 001'00" West, 1,132.03 feet to the South line of the Missouri - Pacific Railroad and the Northwest corner of this tract; follows; THENCE: with the South line of the Missouri - Pacific Railroad as North 60 °31'00" Bast, 1,147.22 feet; thence, North 61 21`00" East, 593.95 feet; thence, North 67 °58'30" East, 1,717.93 feet to a point on the East R.O.W. line of Doerr Lane and an angle point on the Schertz City Limit line and of this survey; THENCE: with the East R.O.W. line of Doerr Lane and the Schertz City Limits line South 30 °36'30" East, 1,126.13 feet for an angle point; THENCE: leaving the Doerr Lane R.O.W. North 60 026'07" East, 2,247.94 feet along the Schertz City Limits line and the North Property line of a 41.89 acre tract as recorded in Vol. 152, p. 387, and a 36.983 acre tract as recorded in Vol. 218, p. 450, both in the Deed Records of Comal County, Texas, to a point in the West R.O.W. line of F.M. 3009 for the Northeast corner of this tract; THENCE: with the West R.O.W. line of F.M. 3009 and along the Schertz City Limit line as follows; South 30 06'00" East, 560.95 feet; thence, along a curve to the right, a radius of 5,669.58 feet and a long chord of which bears South 29 °17'30" East, 159.97 �eet; thence, South 28 29'00" East, 854.25 feet to the POINT OF BEGINNING, containing 296.78 acres of land, more or less. All courses herein described are based on deed descriptions, Right -of -Way, and Track Maps from the Missouri- Kansas -Texas Railroad Division, and Texas Department of Highways and Public Transportation for F.M. 3009 right -of -way and does not represent an on- the - ground survey. II THAT the Service Plan providing municipal services be attached and made a part of this ordinance annexing the area and approved as a part of this ordinance. The Plan shall be construed as a contractual obligation and be valid for ten (10) years and renewal shall be at the discretion of the City of Schertz, Texas. III THAT the territory so described and the areas so annexed shall hereafter be a part of the City of Schertz, Texas, and all taxable property situated therein shall hereafter bear its pro rata part of the taxes levied by the City of Schertz, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Schertz,, Texas. APPROVED on first reading the 15— day of � � _ 19 PASSED, APPROVED AND ADOPTED this the day of 19 r f Mayor, ' Ci ty of Schertz /',Texas Al ATTEST: Ci 'Secretary, City of Schertz SEAL OF CITY) SERVICE PLAN PROVIDING FOR MUNICIPAL SERVICES I Pursuant to H.B. 1952, Sixty- Seventh Legislature of the State of Texas, the City of Schertz, Texas, does hereby propose and adopt the following service plan that provides for the extension of city services to land that adjoins the corporate limits of the City of Schertz, Texas.. Said land being herein described by legal description and that said land is hereby being considered for annexation by the City of Schertz; Texas; and whereby upon annexation of said land by the City of Schertz, Texas, the plan hereby adopted establishes a contractual obligation between the City of Schertz, Texas, and the registered voters that will be within the territory herein hescribed and proposed to be annexed by the City of Schertz, Texas. II This plan applies to a 296.78 acre tract of land out of Comal County, described in the following metes and bounds: BEGINNING: at a point on the City limits line of the City of Schertz, Texas, said point being the Northeast corner of Ordinance No. 77 -A -17, dated December, 1977, said point -being the intersection of the West R.O.W. line of F.M. 3009, and the North line of the M.K.T. Railroad and being the Southeast corner of this tract; THENCE: with th8 North line of the M.K.T. Railroad and the North City limits line, South 62 18`30" West, 5,687.14 feet for the Southwest corner of this tract and the Northwest corner of the Schertz City Limits line; ° THENCE: leaving the North line of the M.K.T. Railroad, North 29 50`45" West, 1,619.60 feet along the Northwest property line of an $3.526 _ acre tract as recorded in Vol. 243, p. 20 of the Deed Records of Comal County, Texas; THENCE: along the aforementioned 83.526 acre tract, North 30 001'00" West, 1,132.03 feet to the South line of the Missouri - Pacific Railroad and the Northwest corner of this tract; follows; THENCE: with the South line of the Missouri - Pacific Railroad as North 60 °31'-00" Bast, 1,147.22 feet; thence, North 61 211-00" East, 593.95 feet; thence, North 67 °58`30" East, 1,717.93 feet to a point on the East R.O.W. line of Doerr Lane and an angle point on the Schertz City Limit line and of this survey; THENCE; with t8e East R.O.W. line of Doerr Lane and the Schertz City Limits line South 30 36130" East, 1,126.13 feet for an angle point; THENCE: leaving the Doerr Lane R.O.W. North 60 026'07" East, 2,247.94 feet along the Schertz City Limits line and the North Property line of a 41.89 acre tract as recorded in Vol. 152, p. 387, and a 36.983 acre tract as recorded in Vol. 218, p. 450, both in the Deed Records of Comal County, Texas, to a point in the West R.O.W. line of F.M. 3009 for the Northeast corner of this tract; 2 THENCE: with the West R.O.W. line of F.M. 3009 and along the Schertz City'Limit8 line as follows; South 30 06'00" East, 560.95 feet; thence, along a curve to the right, a radius of 5;669.58 feet and a long _ chord of which bears South 29 °17'30" East, 159.97 �eet; thence, South 28 29'00" East, 854.25 feet to the POINT OF BEGINNING, containing 296.78 acres of land, more or less. All courses herein described are based on deed descriptions, Right -of -Way, and Track Maps from the Missouri- Kansas -Texas Railroad Division, and Texas Department of Highways and Public Transportation for F.M. 3009 right -of -way and does not represent an on- the - ground survey. III The City of Schertz, Texas, proposes and adopts the following plan: A. That upon installation of water and sewer lines as required by ordinances of the City, the City will permit those services to be used according to the general standard and scope of those type of services furnished by the City in other areas of the City of Schertz which have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. B. That law enforcement services, fire department services, and emergency medical services will be provided by the City of Schertz according to the general standard and scope of those type of services furnished by the City in other areas of-the City of Schertz which have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. C. That garbage collection service will be made available by the City of Schertz according to the same standard and scope of that type of service made available by the City in other areas of the City of Schertz, Texas, D. That all other utilities available within the present corporate limits of the City of Schertz will be made available to this area being annexed according to the capabilities of those com- panies providing those utilities and according to any agreement, contract or franchise that may exist between those companies it and the City of Schertz, realizing that the City of Schertz cannot or does not dictate, require or demand all such other utilities that may exist, to be provided within the corporate limits of the City of Schertz. E. That this area being annexed and the residents thereof are entitled to the amenities of the City of Schertz to the equal degree of the citizens presently within the corporate limits of the City of Schertz. F. That the area being annexed and the residents thereof are entitled to and shall be governed by the Charte =r of the City of Schertz and all statutes, ordinances, policies and any and all other, governing directives that exist or may ever exist for those residents presently within the corporate limits of the City of Schertz. G. That if this area being annexed is ever disannexed, then only those laws, rules, regulations, ordinances and any and all other governing directives that may apply to areas of land within the extraterritorial jurisdiction of the City of Schertz will be in effect. H. That it is the intent of the City of Schertz to comply with the laws of the State of Texas that relate to the annexation of territory. I. That the provisions of this plan will commence upon the effec- tive date of an approved and adopted ordinance annexing this territory into the corporate limits of the City of Schertz.