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2007A33 Annexation of 35.874 acres ORDINANCE NO. 07-A-33 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 35.874 ACRES LOCATED AT THE TERMINUS OF HILLBROOK DRIVE AND ADJACENT TO FM 1518 APPROXIMATELY 2,200 FEET SOUTH OF THE INTERSECTION OF FM 1518 AND SCHAEFER ROAD; AND RELATED MATTERS 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 and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"); and WHEREAS, the City has complied with all requirements of the Act relating to annexation of the Annexed Land; and WHEREAS, the City Council of the City finds that (i) the Annexed 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 Annexed Land be annexed to and made a part of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz hereby annexes the Annexed Land described III Exhibit A. SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective August 1, 2007, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City. 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 shall be bound by the acts, ordinances, resolutions, and regulations of the City. SECTION 4. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank.) 20200148.1 SCUCISD PASSED AND APPROVED on first reading the 24th day of July, 2007 PASSED AND FINALLY APPROVED on second and final reading the 3lSt"'day of July, 2007. ATTEST: ~~ c(j" Secret y [CITY SEAL] 20200148.1 SCUCISD S-l ,... EXHIBIT A Approximately 35.874 acres located at the terminus of Hillbrook Drive and adjacent to FM 1518 approximately 2,200 feet south of the intersection of FM 1518 and Schaefer Road, further described by metes and bounds as follows: 35.874 Acre Tract (1,562,671.44 sq. ft.) BEGINNING at a metal rod found at the intersection of the existing northeast R.O.W. line of F.M. Highway 1518 and the northwest line of the above referenced 112.61 acre tract for the most westerly corner of this tract, said point also being the most southerly corner of a 5.605 acre tract described in Volume 2775, Page 322 of the Real Property Records of Bexar County, Texas; THENCE, N 60020' 47" E, 1220.94 feet along the common line with said 5.605 acre tract to an iron pipe found for an angle point of this tract and the most easterly corner of said 5.605 acre tract; THENCE, N 600 34'47"E, along the common line with a 0.975 acre tract described as Tract II in Volume 2388, Page 2181 of the Real Property Records of Bexar County, Texas passing an iron pipe found at 399.59 feet and continuing along the existing southeast R.O.W. line of Hillbrook Drive a total distance of 449.55 feet to an iron rod found for an angle point of this tract; THENCE, N 60022'36" E, 78.12 feet along the common line with a 29.980 acre tract described in Volume 5206, Page 582 of the Real Property Records of Bexar County, Texas to an iron rod set in same for the most northerly corner of this tract; THENCE, S 3000 1'00" E, 1618.93 feet into said 112.61 acre tract to an iron rod set for the most easterly corner of this tract; THENCE, S 56059'22"W, passing an iron rod set for the most northerly corner of an 11.500 acre tract, surveyed the 14thday of August, 2006, at 248.32 feet and continuing along the common line with said 11.500 acre tract a total distance of 919.59 feet to an iron rod set for the most southerly corner of this tract and the most westerly corner of said 11.500 acre tract; THENCE, N 30001 'OO"W, 1589.81 feet to an iron rod set for the beginning ofa curve to the left; THENCE, in a northwesterly direction along said curve having a central angle of 89038' 13", a radius of 25.00 feet, a tangent distance of 24.84 feet, an arc length of 39.11 feet, and a chord bearing and distance ofN 74050'06" W, 35.24 feet to an iron rod set for the end of this curve; THENCE, S 60020'47" W, 780.24 feet, being 60.00 feet from and parallel to the northwest line of said 112.61 acre tract to an iron rod set for the beginning of a curve to the left; THENCE, in a southwesterly direction along said curve having a central angle of 90021' 4 7", a radius of 25.00 feet, a tangent distance of 25.16 feet, an arc length of 39.43 feet, and a chord bearing and distance of S 15009'53" W, 35.47 feet to an iron rod set in the existing northeast R.O.W. line of F.M. Highway 1518 for the end of this curve; THENCE, N 30001 '00" W, 85.16 feet along said northeast R.O.W line to the POINT OF BEGINNING and containing 35.874 acres of land, more or less. 20200148.1 SCUCISD A-I CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED A 35.874 acres of land out of the Miles S. Bennett Survey No. 75, Abstract 61, County Block 5057, Bexar County, Texas located at the terminus of Hillbrook Drive and adjacent to FM 1518 approximately 2,200 feet south of the intersection of FM 1518 and Schaefer Road. See Exhibit A, "Metes and Bounds Description", attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code, Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the city. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPIT AL IMPROVEMENTS The city will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. The City will charge no impact fees for the provision of wastewater services; however, the City and the Developer will negotiate the charge of impact fees for the provision of water services. In no case shall the City charge an impact fee that is not in accordance with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. Exhibit A Metes and Bounds Description BEING 35.874 acres of land, more or less, out of the Miles S Bennett Survey No 75, Abstract 61, County Block 5057, Bexar County, Texas and also being out of a 112.61 acre tract described in Volume 3013, Page 340 of the Deed Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at a metal rod found at the intersection of the existing northeast RO.W. line of F.M. Highway 1518 and the northwest line of the above referenced 112.61 acre tract for the most westerly corner of this tract, said point also being the most southerly corner of a 5.605 acre tract described in Volume 2775, Page 322 of the Real Property Records of Bexar County, Texas; THENCE, N 60020' 47" E, 1220.94 feet along the common line with said 5.605 acre tract to an iron pipe found for an angle point of this tract and the most easterly corner of said 5.605 acre tract; THENCE, N 600 34'47"E, along the common line with a 0.975 acre tract described as Tract II in Volume 2388, Page 2181 of the Real Property Records of Bexar County, Texas passing an iron pipe found at 399.59 feet and continuing along the existing southeast RO.W. line of Hillbrook Drive a total distance of 449.55 feet to an iron rod found for an angle point of this tract; THENCE, N 60022'36" E, 78.12 feet along the common line with a 29.980 acre tract described in Volume 5206, Page 582 of the Real Property Records of Bexar County, Texas to an iron rod set in same for the most northerly corner of this tract; THENCE, S 30001 '00" E, 1618.93 feet into said 112.61 acre tract to an iron rod set for the most easterly corner of this tract; THENCE, S 56059'22"W, passing an iron rod set for the most northerly corner of an 11.500 acre tract, surveyed the 14thday of August, 2006, at 248.32 feet and continuing along the common line with said 11.500 acre tract a total distance of 919.59 feet to an iron rod set for the most southerly corner of this tract and the most westerly corner of said 11.500 acre tract; THENCE, N 30001 'OO"W, 1589.81 feet to an iron rod set for the beginning of a curve to the left; THENCE, in a northwesterly direction along said curve having a central angle of 89038'13", a radius of 25.00 feet, a tangent distance of 24.84 feet, an arc length of 39.11 feet, and a chord bearing and distance of N 74050'06" W, 35.24 feet to an iron rod set for the end of this curve; THENCE, S 60020'47" W, 780.24 feet, being 60.00 feet from and parallel to the northwest line of said 112.61 acre tract to an iron rod set for the beginning of a curve to the left; THENCE, in a southwesterly direction along said curve having a central angle of 90021 '47", a radius of 25.00 feet, a tangent distance of 25.16 feet, an arc length of 39.43 feet, and a chord bearing and distance of S 15009'53" W, 35.47 feet to an iron rod set in the existing northeast RO.W. line of F.M. Highway 1518 for the end of this curve; THENCE, N 30001 '00" W, 85.16 feet along said northeast RO.W line to the POINT OF BEGINNING and containing 35.874 acres of land, more or less.