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21-S-22 - rezone approx 61 acresl from GM single-Family residential/agricultural district RA and PDD to PDD located at 9661 E FM 1518N and 7901 E FM 1518 NORDINANCE NO. 21-S-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 61 ACRES OF LAND FROM GENERAL BUSINESS DISTRCIT (GB), SINGLE - FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R -A) AND PLANNED DEVELOPMENT DISTRICT (PDD) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOCATED AT 9661 E FM 1518N,10105 E FM 1518N, AND 7901 E FM 1518N, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 309889, 309923, AND 1058761 CITY OF SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 61 acres of land located at 9661 E FM 1518N, 10105 E FM 1518N, and 7901 E FM 1518N, also known as Bexar County property identification numbers 309889, 309923, 1058761, and more specifically 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 criteria 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 "Criteria "); and WHEREAS, on May 12, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit C attached herein; and WHEREAS, on June 8, 2021, the City Council conducted a public hearing and after considering the Criteria 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 Planned Development District (PDD). 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 8th day of June, 2021. PASSED, APPROVED AND ADOPTED on final reading the 22"d day of June, 2021 ATTEST: '/'0" -- ary Fdut�+-z, Mayor 46'1' — �r Tract 1 ADDITIONAL TRACT 1: 1.0 AC FIELD NOTES December 7, 2017 BEING 1.000 acre of land, more of less, out of the Geronimo Leal Survey No. 79, Abstract 424, County Block 5058, City of Schertz, Bexar County, Texas and also being described as a 1 acre tract in Volume 6505, Page 630 of the Deed Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at a concrete R.O.W. marker found in the existing north R.O.W. line of Lower Seguin Road at the south end of the cut -off line from the existing west R.O.W. line of F. M. Highway 1518 for a corner of this tract and a corner of the above referenced 1 acre tract; THENCE, S 6(136'09" W, 91.56 feet (S 60 °W, 92.5 feet - 6505/630) along said south R.O.W. line to an iron rod found in same for the southwest corner of this tract and a corner of a 13.669 acre tract described in Volume 15542, Page 551 of the Real Property Records of Bexar County, Texas; THENCE, N 09'49'00" W, 333.04 feet (Ref. Brg. N 0949' W, 334.5 feet - 6505/630) generally along an existing fence and the common line with said 13.669 acre tract to an iron pipe found for the northwest corner of this tract and an interior corner of said 13.669 acre tract; THENCE, N 6023'29" E, 143.04 feet (N 60 °E, 143.1 feet - 65051630) generally along an existing fence and the common line with said 13.669 acre tract to a concrete R.O.W. marker found in the existing west line of F. M. Highway 1518 for the northeast corner of this tract and a corner of said 13.669 acre tract; THENCE, along said west R.O.W. line in a southerly direction along a curve to the right and having a central angle of on619'38," a radius of 2825.00 feet, a tangent distance of 32.73 feet, an arc length of 65.44 feet and a chord bearing and distance of S 1007'00" E, 65.45 feet to an iron rod set for the end of this curve; THENCE, S 0927'11" E, (S 0949'E- 65051630) 218.10 feet along said west R.O.W. line to an iron rod set in same at the north end of the cut -off line to the north line of Lower Seguin Road; THENCE, S 25°17'49" W, 82.20 feet (S 251)5' W, 83 feet - 65051630) along said cut -off line to the POINT OF BEGINNING and containing 1.000 acre of land, more or less. Note: Plat also prepared this day. w- �P,�o � s r ....................... J. M. Butz, Jr. J. M..BUTZ,• JR. • Registered Professional Land Surveyor ..'p, 2024 + .. { 9;Y•. F� o c No. 2024 s s U R�. AA FN17 -145 EXHIBIT 2 ADDITIONAL TRACT 2: 5.77 AC. CROSS BRANCH SURVEYING 2519 BOARDWALK SAN ANTONIO, TEXAS 78217 (210) 828 -1102 STATE OF TEXAS COUNTY OF BEXAR 5.77 ACRES F.M. 15.18 Being a 5.77 acre tract of land out of a called 6.0 acre tract of land described in executed on June 18, 2015 from Arthur W. Hillert Jr., an individual, to Price Asset Management, Inc., a Texas Corporation recorded in Volume 17299, Page 1911 of the Official Public Records of Bexar County, Texas, situated in the Jeronimo Leal Survey No. 79, Abstract 424, County Block 5058 of Bexar County, Texas., Said .5.77 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1 /z" iron rod found on the southwest right -of -way line of F.M. 1518, for the POINT OF BEGINNING of this herein described tract, same being the northeastern corner of a called 6.00 acres conveyed to .Shannon N. Houy and Tina Marie Houy by deed recorded in Deed No. 20200130665 ofthe Official Public Records of Bexar County, Texas; THENCE, S 30016'49" E (the basis of bearings for this survey), a distance of 291.03 feet, with the southwest right -of -way line of F.M. 1518 to a Y2" iron rod found for the northernmost corner of a called 34.007'acre tract conveyed to Schertz.1518, Ltd. By deed recorded in Volume 11492, Page 57 of the Official Public Records of Bexar County, Texas, same being the eastern most corner of this herein described tract; THENCE,, S 59-38'17"'%'; a distance of 862.71 feet, with the northwest. line of said 34.007 acre tract, to a 1 /z" iron rod found for an eastern corner of said Houy tract, same being the southernmost corner of this herein described tract; THENCE, N 30 047'09" W, a distance of 291.04 feet, with the common line of the said 14ouy tract to a '/3" iron rod found for the westernmost .corner of this herein described tract: THENCE, N 59038'17" E, a distance of 568.28 feet, with the common line of said Houy tract to the POINT OF BEGINNING of this herein described tract, containing 5.77 acres (251,446 sq. ft.) of land, more or less,, within these metes and bounds. 1 of 2 Tract 2 EXHIBIT 3 I hereby certify that this survey was perforiiie'd up- pbri the g'r'ound March 12th, 2021, under my direct supervision and is true and correct to the best of my knowledge. Caesar A, Garcia ' Registered. Professional Land Surveyor No. 5904 WO #21 -2 -2B 2 of 2 EXHIBIT 3 Pg 2 Tract 3 MODULE III A UNIT 1: 53.72 AC. A 53.72 ACRES SURVEYING A 53.72 acres tract of land, out of the Julian Diaz Survey No. 66, Abstract No. 187, County Block 5059, the E.R Evans Survey No. 80, Abstract No. 216, County Block 5060 and being out of a 145.427 acre tract of land as conveyed to Schertz 1518, LTD. of record in Volume 11564 Page 1814 and a 91.288 acre tract of land as conveyed to Schertz 1518, LTD. of record in Volume 11601 Page 2280, all being of the Official Public Records of Bexar County, Texas and situated in the City of Schertz, Bexar County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found iron pipe, in the southwest right -of -way line of F.M. 1518, a variable width right -of- way and the northeast line of the 145.427 acre tract, for the southeast corner of Lot 1, Block 1 of the Washington Tyrannus School Of The Arts, a plat of record in Volume 9616, Page 24 of the Deed and Plat Records of Bexar County, Texas and a northeast corner of the 145.427 acre tract; . THENCE: along and with the northeast lines of the 145.427 acre tract and the north, west, and south lines of Lot 1, Block 1 ofthe Sedona Lift Station Subdivision, a plat of record in Volume 9611, Page 168 of the Deed and Plat Records of Bexar County, Texas, the following five CS) courses: 1. S 30 °21'21" E, a distance of 363.82 feet to a set Y2." iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the northeast corner of Lot 1, Block 1 of the Sedona Lift Station Subdivision and an exterior corner of the 145.427 acre tract, 2. S 69 °31'36" W, a distance of 119.34 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the northwest corner of Lot 1, Block 1 of the Sedona Lift Station Subdivision and an interior corner of the 145.427 acre tract, 3. S 20 °28'24" E, a distance of 104.08 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the beginning of a curve to the right, 4. with a curve to the right, having an arc of 15.16 feet, a radius of 50.00 feet, a delta of 17 °22'31 ", and a chord bears S 66 °42'30" E, a distance of 15.10 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency, and 5. N 59 °41'45" E, a distance of 126.48 feet to a calculated point, for the southeast corner of Lot 1, Block 1 and a northeast corner of the 145.427 acre tract THENCE: S 30 °21'21" E, along and with a northeast line of the 145.427 acre tract, a distance of 703.73 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the POINT OF BEGINNING and the northeast corner of the tract described herein; THENE: S 30 °21'21" E, into and across the145.427 acre tract, a distance of 577.63 feet to a found 1/2" iron rod, for the northeast corner of a 9.977 acre tract of land as conveyed to Ware Seguin 1518, LLC of record in Volume 18693, Page 578 of the Official Public Records of Bexar County, Texas, the southeastcorner of the 145.427 acre tract and the tract described herein; THENCE: S 59 °19'19" W, along and with the southeast line of the 145.427 acre tract and the northwest line of the 9.977 acre tract, a distance of 1749.17 feet to a found 1 /z" iron rod in the southeast line of the 145.427 acre tract, for the northwest corner of the 9.977 acre tract, the northeast corner of a 20.003 acre tract as conveyed to Ware Seguin 1518, LLC of record in Volume 19013, Page 2095 of the Official Public Records of Bexar County, Texas, and an angle point of the tract described herein; EXHIBIT 4 THENCE: S 59 °39'56" W, along and with the southeast line of the 145.427 acre tract and the northwest line of the 20.003 acre tract, a distance of 509.91 feet to a post in the northeast line of the 91.288 acre tract for the northwest corner of the 20.003 acre tract, the southwest corner of the 145.427 acre tract and the tract described herein; THENCE: into and across the 91.288 acre tractand the 145.427 acre tract the following seventeen (17) courses: 1. N 83 °06'36" W, a distance of 160.98 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 2. N 72 °02'20" W, a distance of 90.57 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 3. N 17 °57'40" E, a distance of 8.58 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 4. With a curve to the left, having an arc of 76.05 feet, a radius of 445.00 feet, a delta of 9 °47'32 ", and a chord bears N 13 °03'54" E, a distance of 75.96 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of compound curvature of the tract described herein, S. With a curve to the left, having an arc of 24.96 feet, a radius of 15.00 feet, a delta of 95 °20'15 ", and a chord bears N 39 °29'59" W, a distance of 22.18 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 6. N 02 °49'53" E, a distance of 50.00 feet, for a point of curvature of the tract described herein, 7. With a non - tangent curve to the left, having an arc of 24.96 feet, a radius of 15.00 feet, a delta of 95 °20'15 ", and a chord bears N 45 °09'45" E, a distance of 22.18 feet to a set 1/2' iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of compound curvature of the tract described herein, 8. With a curve to the left, having an arc of 20.74 feet a radius of 445.00 feet, a delta of 2 °40'13 ", and a chord bears N 03 °50'29" W, a distance of 20.74 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 9. N 05 °10'35" W, a distance of 85.52 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 10. N 87 °38'34" W, a distance of 202.76 feet to a set I/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 11. S 67 °32'26" W, a distance of 141.78 feet to a set 1/i" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 12. S 29 °55'37" W, a distance of 84.54 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 13. 5 03 °08'33" W. a distance of 109.52 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 14. S 21 °26'01" E, a distance of 119.39 feet to a set 1 /2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 15. S 22 °49'58" W, a distance of 156.59 feet to a set ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point for the tract described herein, 16. S 16 029'38" W, a distance of 67.23 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying', for an exterior corner of the tract described herein, and 17. S 59 °48'47" W, a distance of 10.00 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the southwest corner of the tract described herein; EXHIBIT 4 Pg 2 THENCE: N 30 °11'13" W, along and with the southwest line of the 91.288 acre tract and the northeast line of a 285.567 acre tract as conveyed to 3GG Properties, LLC of record in Volume 16527, Page 1683 of the Official Public Records of Bexar County, Texas, a distance of 694.82 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying', forthe northwest corner ofthe tract described herein; THENCE: into and across the 91.288 acre tract and the 145.427 acre tract the following forty-two (42) courses: 1. N 69 °35'40" E, a distance of 200.04 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 2. N 20 °24'20" W, a distance of 129.56 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of a tract described herein, 3. With a non - tangent curve to the left, having an arc of 71.88 feet, a radius of 60.00 feet, a delta of 68 °38'39 ", and a chord bears N 02 °28'31" E, a distance of 67.66 feetto a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, 4. With a curve to the right having an arc of 22.56 feet, a radius of 15,00 feet, a delta of 86 °10'39 ", and a chord bears N 11 °14'31" E, a distance of 20.49 feet to a set 1h" iron rod with a Blue Cap Stamped "KFW Surveying", for a point of tangency of the tract described herein, 5. N 54 119'50" E, a distance of 38.98 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 6. S 35 °40'10" E, a distance of 120.00 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 7. N 54 °19'50" E, a distance of 166.59 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 8. N 20 °23'46" E, a distance of 95.41 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 9. N 14 °38'50" E, a distance of 89.78 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 10. N 07°37'05" E, a distance of 75.06 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the north corner of the tract described herein, 11. S 82 °22'55" E, a distance of 199.87 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 12. With a curve to the right, having and arc of 155.63 feet, a radius of 275.00 feet, a delta of 32 °25'31 ", and a chord bears S 66 °10'10" E, a distance of 153.56 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for point of tangency of the tract described herein, 13. S 49 °57'24" E, a distance of 8.93 feet to a set 1 /z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 14. N 40 °02'38" E, a distance of 49.89 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 15. S 52 049'09" E, a distance of 48.85 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 16. With a curve to the left, having an arc of 34.51 feet, a radius of 40.00 feet, a delta of 49 °25'53 ", and a chord bears S 77 °32'06" E, a distance of 33.45 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, 17. With a curve to the right, having an arc of 13.25 feet a radius of 70.00 feet, a delta of 10 °50'43 ", and a chord bears N 83 °10'20" E, a distance of 13.23 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, EXHIBIT 4 Pg 3 18. With a curve to the left having an arc of 32.69 feet, a radius of 41.00 feet a delta of 45 °41'20 ", and a chord bears N 65 °45'01" E, a distance of 31.83 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 19. N 42 °5421" E, a distance of 50.60 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 20. N 40 °02'36" E, a distance of 63.91 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 21. With a curve to the left having an arc of 23.56 feet, a radius of 15.00 feet, a delta of 90 °00'00 ", and a chord bears N 04°57'24" W, a distance of 21.21 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for a point of tangency of the tract described herein, 22. N 49 °57'24" W, a distance of 1.00 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 23. N 40 °02'36" E, a distance of 50.00 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 24. S 49 °57'24" E, a distance of 1.00 feet to a set 1/Z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 25. With a curve to the left, having an arc of 23.56 feet, a radius of 15.00 feet, a delta of 90 "00'00 ", and a chord bears N 85 °02'36" E, a distance of 21.21 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 26. N 40 °02'36" E, a distance of 207.56 feet to a set 1 /z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for a point of curvature of the tract described herein, 27. With a curve to the left, having an arc of 24.28 feet, a radius of 15.00 feet, a delta of 92 °44'06 ", and a chord bears N 06 °19'27" W, a distance of 21.71 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", fora point of tangency of the tract described herein, 28. N 52 °41'30" W, a distance of 1.00 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 29. N 37 018'30" E, a distance of 50.00 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 30. S 52 °41'30" E, a distance of 4.82 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 31. With a curve to the left, having an arc of 22.85 feet, a radius of 15.00 feet a delta of 87 °15'54 ", and a chord bears N 83 040'33" E, a distance of 20.70 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 32. N 40 °02'36" E, a distance of 354.50 feet to a set 1/C" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 33. With a curve to the right, having an arc of 458.60 feet, a radius of 430.00 feet a delta of 61 °06'26 ", and a chord bears N 709 5'49" E, a distance of 437.18 feet to a set 1 /z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 34. S 78 050'58" E, a distance of 77.40 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 35. S 81 °40'39" E, a distance of 52.22 feet to a set 1/z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 36. With a curve to the left having an arc of 32.69 feet, a radius of 41.00 feet, a delta of 45 °41'20 ", and a chord bears N 75 "28'41" E, a distance of 31.83 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, EXHIBIT 4 Pg 4 37. With a curve to the right, having an arc of 118.63 feet a radius of 70.00 feet, a delta of 97 °06'10", and a chord bears S 78 °48'54" E, a distance of 104.94 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", fora point of reverse curvature of the tract described herein, 38. With a curve to the left, having an arc of 32.69 feet, a radius of 41.00 feet, a delta of 45 °41'20 ", aild a chord bears S 53 °06'29" E, a distance of 31.83 feetto a set V iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for a point of tangency of the tract described herein, 39. S 75 °57'10" E, a distance of 49.04 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 40. S 78 °50'58" E, a distance of 51.29 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 41. With a curve to the left, having an arc of 300.64 feet, a radius of 415.00 feet, a delta of 41 °30'23 ", and a chord bears N 80 °23'50" E, a distance of 294.10 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 42. N 59 °38'39" E, a distance of 103.34 feet to the POINT OF BEGINNING and containing 53.72 acres more or less, in the City of Schertz, Bexar County, Texas and in accordance with a plat prepared by KFW Surveying. '" I.,: -"; � 4 lob No.: 12 -028 ; Prepared by: KFW Surveying Date: April 3, 2020 File: S: \Draw 2012 \12 -028 Sedona Trails\doc\ FN 53.72AC M3U1 PLAT.d64 EXHIBIT 4 Pg4 EXHIBIT 1 C� 0 la *610 CROSSVINE SCHERTZ TEXAS 78154 THE CROSSVINE PDD 5th AMENDMENT 04 -09 -2021 1 -J The Crossvine PDD Fifth Amendment The Sedona Trails PDD was approved by the Planning and Zoning Commission and the City Council of Schertz, Texas on January 24, 2012 (the "Sedona Trails PDD ") by Ordinance 12 -5 -01. The history and prior iterations of the Sedona Trails PDD are more specifically detailed and set forth in the preamble to the Sedona Trails PDD which was approved on January 24, 2012. The Sedona Trails PDD was subsequently amended by (i) Ordinance 12 -S -16 on August 21, 2012 (the "First Amendment "), (ii) Ordinance 14 -S -08 on March 11th, 2014 (the "Second Amendment "), (iii) Ordinance 17 -S -01 on February 28, 2017 (the "Third Amendment "), and (iii) Ordinance 21 -S -08 on April 6, 2021 (the "Fourth Amendment "). The Sedona Trails PDD was renamed The Crossvine PDD and the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment detailed and defined certain items referenced in the Sedona Trails PDD which were unresolved and primarily focused on ( i ) Community and Public Amenity Standards, Architectural Design Standards for single - family residences, and related matters of clarification; (ii) development matters associated with Module I and Module IIA; and (iii) the addition of property to the jurisdiction of The Crossvine PDD (collectively, the Sedona Trails PDD, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment are hereinafter referred to as "The Crossvine PDD "). As contemplated in The Crossvine PDD, this Amendment (the "Fifth Amendment ") is the continuation of the definition of the Overall Conceptual Master Plan for The Crossvine. This Fifth Amendment is primarily focused on (i) the addition of property which will be part of Module IIB, and (ii) the development of Module IIIA Unit 1. For the purposes of this Fifth Amendment, defined terms set forth in The Crossvine PDD are hereby incorporated by reference and included herein and reference shall be made to The Crossvine PDD for specific elements which are not specifically defined or otherwise set forth herein. The Crossvine PDD remains in full force and effect with the exception of the matters addressed herein which shall be considered to be amendments to The Crossvine PDD. Elements, requirements, and conditions previously set forth in The Crossvine PDD shall be deemed to apply to Module IIB, to Module IIIA Unit 1, as well as to those other portions of the Property addressed by this Fifth Amendment unless specifically excluded, expanded, changed, or modified herein. Similarly, modifications or amendments set forth in this Fifth Amendment shall be deemed to modify previously established elements, requirements, or conditions of The Crossvine PDD unless specifically noted herein. The UDC for the City establishes certain requirements and standards for the development of Planned Development Districts. The version of the UDC (and regulations, fees, etc. associated therewith) applicable to the Project Area as set forth in the Sedona Trails PDD by Ordinance 12 -S -01 shall control all development standards except to the extent modified by this Fifth Amendment, The Crossvine PDD, or by the original Sedona PUD. Provisions of the UDC shall be interpreted to be consistent with The Crossvine PDD (as amended) and, in the event of any apparent conflict, the UDC shall be deemed amended to give full effect to The Crossvine PDD (as amended). Pg. 1 The Crossvine PDD 5th Amendment 5/3/2021 Amendments to The Crossvine PDD Section 2: Legal Description /Metes and Bounds, Scope of Fifth Amendment 2.1 Scope of this Fifth Amendment This Fifth Amendment and its specific terms, conditions, or requirements shall be applicable to Module IIB and to Module IIIA of The Crossvine PDD Project Area. Those parcels graphically depicted on Exhibit 1 and identified as Additional Tract 1 and Additional Tract 2 are being added to The Crossvine PDD Project Area by this Fifth Amendment. The legal descriptions for Additional Tract 1 and Additional Tract 2 are included herewith as Exhibit 2 and Exhibit 3. Exhibit 1 also graphically depicts and identifies Module IIIA Unit 1, which was originally part of The Crossvine PDD Project Area as reflected in Ordinance 12 -S -01. The legal description for Module IIIA Unit 1 is included herewith as Exhibit 4. This Fifth Amendment in its applicability to Module IIB is primarily to include Additional Tract 1 and Additional Tract 2 into The Crossvine PDD Project Area and to make the entire The Crossvine PDD applicable to such Additional Tracts. The remainder of this Fifth Amendment is primarily focused on the development of Module IIIA Unit 1 and the terms and conditions hereof shall apply to Module IIIA Unit 1 unless the text herein clearly designates a more restrictive or more expansive application of the terms of this Fifth Amendment. Addition of Property to The Crossvine PDD Project Area "The Crossvine PDD Project Area" (hereinafter so called) is expanded by this Fifth Amendment to include two (2) additional tracts of land. Briefly described, the additional included tracts (collectively, the "Additional Tracts ") are: 1. A 1.00 acre tract graphically identified in Exhibit 2l "Additional Tract 1 "), A 5.77 acre tract graphically identified in Exhibit 3 (`Additional Tract 2 ") Additional Tracts; Zoning and PDD Applicability The zoning for the Additional Tracts and the applicability of The Crossvine PDD to such Additional Tracts shall be: Additional Tract 1: Shall be shall be incorporated into Module IIB. The zoning, and the terms, conditions, and requirements associated with Module IIB shall apply to Additional Tract 1 as set forth in The Crossvine PDD, this Amendment, and contemplated subsequent amendments. Additional Tract 2: Shall be shall be incorporated into Module IIB. The zoning, and the terms, conditions, and requirements associated with Module IIB shall apply to Additional Tract 2 as set forth in The Crossvine PDD, this Amendment, and contemplated subsequent amendments. Provided, however, as it relates to the Additional Tracts, the current use of such property shall continue to be permitted, including, but not limited to additional improvements, renovations, structures, etc. which are ancillary to the current use of such property. Pg. 2 The Crossvine PDD 5th Amendment 4/9121 Amendments to The Crossvine PDD Section 3: Overall Conceptual Master Plan 3.2 Module IIIA Unit 1 Conceptual Plan; Exhibit 5 3.2.1 and 3.3.1 Updated Module 111A Unit 1 Conceptual Plan Section 3.2 and 3.3 of The Crossvine PDD are amended to provide that the Module IIIA Unit 1 Conceptual Plan (herein so called) attached hereto as Exhibit 5 graphically depicts the revised and anticipated development of Module IIIA Unit 1 and shall amend Section 3.2 of The Crossvine PDD and shall be in substitution for any depiction of Module IIIA Unit 1 in Section 3.3 of The Crossvine PDD. Exhibit 6 graphically depicts the location of Module IIIA Unit 1 in the overall The Crossvine project area. The Module IIIA Unit 1 Conceptual Plan is a general depiction of the anticipated development of Module IIIA Unit 1. It is acknowledged that final engineering adjustments and input from City staff, drainage and utility requirements, and similar development matters may result in changes to the Module IIIA Unit 1 Conceptual Plan which may include adjusting the location and orientation of the anticipated Amenity Center, providing additional residential lots proximate to the Amenity Center, and similar adjustments. The approval of the final plat for Module IIIA Unit 1(or any portion thereof) by the City of Schertz Planning and Zoning Commission and City Council shall be deemed acknowledgement that any such approved final plat is consistent with and substantially and materially in conformance with the Module IIIA Unit 1 Conceptual Plan set forth herein. The Module IIIA Unit 1 Conceptual Plan, the Common Area Greenspaces, roadway configurations, and similar matters reflected in the Module IIIA Unit 1 Conceptual Plan may change slightly as drainage plans and other construction considerations are incorporated into the final construction plans. However, the Module IIIA Unit 1 Conceptual Plan shall remain materially representative of the overall configuration and general aesthetics of the land plan for Module IIIA Unit 1. The final construction plans for Module IIIA Unit 1 shall be materially consistent with the Module IIIA Unit 1 Conceptual Plan and shall materially comply with the specific terms, conditions, and requirements of The Crossvine PDD as amended by this Fifth Amendment. Pg. 3 The Crossvine PDD 5th Amendment 4/9/21 Amendments to The Crossvine PDD Section 7: Module IIIA Unit 1 7.1 Purpose and Overview; Zoning Designation The Module IIIA Unit 1 development area will be single - family residential development which will be composed of (i) DSFR(4), DSFR(5), and DSFR(6) lots and residences, as described by Exhibit 7, and (ii) an Amenity Center with associated facilities. 7.1.2 Module 1IIA Unit 1 Module IIIA Unit 1 is composed of 53.72 acres and is located in the southern portion of The Crossvine PDD Project Area. Module IIIA Unit 1 is separated from Modules I and II by Woman Hollering Creek to the north and is bordered by FM 1518 to the east. 7.2 Module IIIA Conceptual Land Plan The Module IIIA Unit 1 Conceptual Plan is approved pursuant to this Fifth Amendment. Pg. 4 The Crossvine PDD 5th Amendment 4/9/21 Amendments to The Crossvine PDD Section 8: Infrastructure Standards The following amendments to Section 8 apply to The Crossvine PDD Project Area except to the extent specifically noted herein. All other provisions of The Crossvine PDD related to Infrastructure Standards shall remain in effect except as modified herein. 8.2 Roadways 8.2.19 Roadway cross - sections previously approved in The Crossvine PDD are hereby ratified and confirmed for Module IIIA Unit 1. 8.2.20 The roadways and throughfares in Module III and in Module IIIA Unit 1 specifically shall be composed of one 60' Collector road with the remainder of the roadways being 50' Local roads. 8.5 Drainage 8.5.5 The portions of The Crossvine located between Lower Seguin Rd. and Ware Seguin Rd., and which drain to Woman Hollering Creek prior to crossing the FM 1518 ROW, participate in regional storm water detention through a series of existing detention ponds located within and adjacent to The Crossvine PDD Project area. The Point of Analysis for those properties which participate in the regional storm water detention plan is the FM 1518 Bridge located along Woman Hollering Creek. The flow conditions used to determine the Pre - Developed Conditions and Post - Developed Conditions at the Point of Analysis will be established in the updated Engineering Master Plan to be prepared by Malone Wheeler and submitted to and approved by the City of Schertz. 8.12 Repairs and Maintenance The Developer shall provide that any Conditions, Covenants and Restrictions, any Declaration of Condominium Regime, any Development Area Declaration, any rules and regulations of any Property Owners' Association, or similar instruments shall contain clear language that the City of Schertz or any other utility provider shall not be responsible for the repair or replacement of landscaping other than the normal turf grass or similar ground cover. 8.13 Drainage Easements Drainage easements (whether for underground drainage facilities or for surface drainage) shall be a minimum of ten feet (10') in width. 8.17 Improvements in Flood Plain Area Improvements shall be allowed in any portion of The Crossvine PDD Project Area which is designated by FEMA to be within the 100 year flood plain subject to the following conditions: (i) Developer will provide a comparative hydraulic model that compares floodplain area without improvements to the floodplain area with requested improvements, (ii) such comparative model will assess the impact to flow based on such proposed improvements, and (iii) such proposed improvements will be allowed if they do not impede water flow such that it causes a rise to the FEMA floodplain outside the Crossvine PDD Project Area or to any area within the Crossvine PDD Project Area that has previously been developed. A rise of the FEMA floodplain within detention ponds or existing drainage conveyance facilities will be allowed as long as adequate capacity exists in such facilities. Pg. 5 The Crossvine PDD 5'h Amendment 4/9/21 8.18 Parking Requirements (Amenity Center) The Parking Requirements previously established in The Crossvine PDD shall apply to The Crossvine PDD Project Area with the following additions and modifications: The parking requirements for the Amenity Center will be: • 1 parking space for every 400 square feet of open air pavilion; • 1 parking space for every 250 square feet of swimming pool surface area exclusive of wading pools, splash pads, etc.; • 1 parking space for every 450 square feet of conditioned space exclusive of bathrooms, storage rooms, and mechanical rooms. The Crossvine PDD 5th Amendment Pg. 6 4!9121 Amendments to The Crossvine PDD Section 9: Community and Public Amenity Standards The Community and Public Amenity Standards previously established in The Crossvine PDD shall apply to the Module IIIA Unit 1 of the Crossvine PDD Project Area except as specifically noted herein. 9.2 Landscape Design All Public Landscape requirements for land uses authorized in this Fifth Amendment to The Crossvine PDD are previously defined in The Crossvine PDD unless otherwise modified or amended as set forth below. All Private Landscaping requirements for land uses authorized in this Fifth Amendment to The Crossvine PDD are previously defined in The Crossvine PDD unless otherwise set forth below. 9.2.2 Public Lighting Streetlights in The Crossvine PDD Project Area shall be the same as those previously installed in Module I. 9.2.3.1 Public Screening and Landscaping; Maintenance 9.2.3.1.1 The repair and maintenance of Public Screening and Landscaping shall be the responsibility of The Crossvine Homeowner's Association; except that Decorative Fencing which is placed (i) on the lot line between a private lot and any landscape lot, greenbelt, or similar area maintained by The Crossvine Master Association, (ii) on the lot line between two private lots, or (iii) connecting Private Fencing referenced in (i) or (ii) to the residential dwelling is designated as "Private Fencing" (hereinafter so called) and shall be the responsibility of the owner(s) of such private lot. 9.2.8 Mail Kiosks The parking requirements for Mail Kiosks will be: • 1 parking space for every 55 mailboxes in each Mail Kiosk. There shall be no less than two (2) mail kiosks in Module III. 9.2.12.9 Private Fencing 9.2.12.9.1 The repair and maintenance of Private Fencing shall be the responsibility of private lot owners. For the purposes of clarity, Private Fencing is Decorative Fencing which is placed (i) on the lot line between a private lot and any landscape lot, greenbelt, or similar area maintained by The Crossvine Master Association, (ii) on the lot line between two private lots, or (iii) connecting Private Fencing referenced in (i) or (ii) to the residential dwelling and shall be the responsibility of the owner(s) of such private lot. 9.7 Amenity Center 9.7.1 The Amenity Center in Module IIIA shall be built concurrently with the construction of Module IIIA Unit 2. 9.7.2 The Amenity Center shall include the following minimum elements: 9.7.2.1 A lap pool suitable for competitive swim meets with dimensions of no less than 25 meters in length and 10.5 meters in width. 9.7.2.2 A wading and /or splash pad appropriately sized in conjunction with other pool facilities. Pg. 7 The Crossvine PDD 5'h Amendment 4/9/21 9.7.2.3 Conditioned interior building area with: 9.7.2.3.1 No less than 400 square feet of office area 9.7.2.3.2 A community room of no less than 1,000 square feet 9.7.2.3.3 Restrooms 9.7.2.3.4 Storage area 9.7.2.4 Outdoor open -air covered pavilion of no less than 1,750 square feet. The Crossvine PDD 5th Amendment Pg. 8 4!9!21 Amendments to The Crossvine PDD Section 10: Greenbelt Park and Open Space Plan The following amendment to Section 10 applies only to the land uses referenced in this Fifth Amendment for Module IIIA Unit 1 except to the extent otherwise specifically noted herein. All other provisions of The Crossvine PDD related to Community and Public Amenity Standards shall remain in effect and shall also apply to Module IIIA Unit 1 except as modified herein. 10.2 Greenbelt, Park, and Open Space Plan The Crossvine PDD originally provided a Greenbelt, Parks, and Open Space Plan, graphically illustrating the greenbelts, parks, and open space network in the Community. The Module IIIA Unit 1 Conceptual Plan reflects the anticipated greenbelts, parks, and open space network in Module IIIA Unit 1 and is an amendment to this previous Greenbelt, Park, and Open Space Plan exhibit in the Crossvine PDD. The approval of a final plat for any portion of Module IIIA Unit 1 of The Crossvine by the City of Schertz shall be deemed acknowledgement that the greenbelts, parks, and open spaces set forth in each such final plat are consistent with and substantially and materially in conformance with the PDD. Pg. 9 The Crossvine PDD 5th Amendment 4/9/21 Amendments to The Crossvine PDD Section 11: Transportation Master Plan The following amendment to Section 11 applies to the land uses referenced in this Fifth Amendment for the development of Module IIIA Unit 1. All other provisions of The Crossvine PDD related to the Transportation Master Plan shall remain in effect except as modified herein. 11.5 Module IIIA Unit 1 Roadway Network Plan The Module IIIA Unit 1 Conceptual Plan graphically illustrates the roadway plan through Module IIIA Unit 1, including collector roads, local roads, and residential cul -de -sac streets. The roadway infrastructure reflected in the Module IIIA Unit 1 Conceptual Plan is deemed approved and in satisfaction of the requirements for Must -Build Roads in The Crossvine PDD for Module IIIA Unit 1. 11.7 Trails and Sidewalk Network Plan The Module IIIA Unit 1 Conceptual Plan graphically illustrates the pedestrian sidewalk plan through Module IIIA Unit 1. The approval of the final plat for any portion of Module IIIA Unit 1 of The Crossvine by the City of Schertz shall be deemed acknowledgement that any trails, sidewalks, and walking paths reflected therein are consistent with and substantially and materially in conformance with the requirements in The Crossvine PDD. Pg. 10 The Crossvine PDD 5th Amendment 4/9/21 Amendments to The Crossvine PDD Section 12: Land Use Allocations The following additional single - family residential development lots and associated products shall be permitted in Module IIIA Unit 1 of The Crossvine: 12.2.1.1.1 DSFR(4) This category represents lots which will be improved with a detached single - family residence with a lot size that is no less than 4,950 square feet with minimum dimensions of 45' wide x 110' deep. The width of each lot shall be measured at the front setback. The depth of each lot shall be measured at the longer of the two side lot lines. These residences will have a maximum DUE of one (1) per lot. The maximum dwelling size of conditioned area for a 1 -story home shall be 2,400 square feet and the maximum dwelling size of conditioned area for a 2 -story home shall be 3,200 square feet. The dimensional requirements of DSFR(4) are reiterated in the Land Use Dimensional Requirements Table (Exhibit 7). Homes shall be placed in the center of the lot allowing for a minimum five foot (5') side yard setback, a minimum of a twenty foot (20') front yard setback, and a minimum of a ten foot (10') rear yard setback for each lot. The minimum separation between adjacent structures, exclusive of eaves (which may protrude 18" into the building separation area), and windowsills, belt courses, cornices and other architectural features (which may protrude 12" into the building separation area), is no less than ten feet (10'). Air - conditioning units or HVAC pads shall be located at the rear or side of the home. Fencing shall be Decorative Fencing. 12.2.1.1.1 DSFR(5) This category represents lots which will be improved with a detached single - family residence with a lot size that is no less than 6,050 square feet with minimum dimensions of 55' wide x 110' deep. The width of each lot shall be measured at the front setback. The depth of each lot shall be measured at the longer of the two side lot lines. These residences will have a maximum DUE of one (1) per lot. The maximum dwelling size of conditioned area for a 1 -story home shall be 2,850 square feet and the maximum dwelling size of conditioned area for a 2 -story home shall be 3,650 square feet. The dimensional requirements of DSFR(5) are reiterated in the Land Use Dimensional Requirements Table (Exhibit 7). Homes shall be placed in the center of the lot allowing for a minimum five foot (5') side yard setback, a minimum of a twenty foot (20') front yard setback, and a ten foot (10') rear yard setback for each lot. The minimum separation between adjacent structures, exclusive of eaves which may protrude 18" into the building separation area, and window sills, belt courses, cornices and other architectural features which may protrude 12" into the building separation, is no less than ten feet (10'). Pg. 77 The Crossvine PDD 5th Amendment 4/9/27 Air - conditioning units or HVAC pads shall be located at the rear or side of the home. Fencing shall be Decorative Fencing. 12.2.1.1.1 DSFR(6) This category represents lots which will be improved with a detached single - family residence with a lot size that is no less than 7,475 square feet with minimum dimensions of 65' wide x 115' deep. The width of each lot shall be measured at the front setback. The depth of each lot shall be measured at the longer of the two side lot lines. These residences will have a maximum DUE of one (1) per lot. The maximum dwelling size of conditioned area for a 1 -story home shall be 3,300 square feet and the maximum dwelling size of conditioned area for a 2 -story home shall be 4,100 square feet. The dimensional requirements of DSFR(6) are reiterated in the Land Use Dimensional Requirements Table (Exhibit 7). Homes shall be placed in the center of the lot allowing for a minimum five foot (5') side yard setback, a minimum of a twenty foot (20') front yard setback, and a ten foot (10') rear yard setback for each lot. The minimum separation between adjacent structures, exclusive of eaves which may protrude 18" into the building separation area, and windowsills, belt courses, cornices and other architectural features which may protrude 12" into the building separation, is no less than ten feet (10'). Air - conditioning units or HVAC pads shall be located at the rear or side of the home. All fencing shall be Decorative Fencing. 12.3 Land Use Dimensional Table Exhibit 7 See Exhibit 7 attached hereto for additional information regarding front, rear, and side yard setbacks and related lot and development restrictions associated with DSFR(4), DSFR(5), and DSFR(6). 12.4.3 Land Use Allocation Table (Exhibit 8 The attached Land Use Allocation Table, Exhibit 8, provides for minimum and maximum allocations of various land use categories for each Module as well as updates actual land uses for Module I and portions of Module IIA and Module III. Pg. 12 The Crossvine PDD 5th Amendment 419121 Amendments to The Crossvine PDD Section 13: Architectural Standards It is acknowledged that the Architectural Standards in The Crossvine PDD Project Area are an important element and that the maintenance of the established Architectural Standards is an important factor to the City. It is further acknowledged that the Second Amended and Restated Development Agreement for Reinvestment Zone Number Two of the City of Schertz, Texas (the "Development Agreement ") specifically provides that the payment of Tax Increment collections to the Developer requires a written representation from the Developer that the Architectural Standards have not been amended, changed or modified, and that they have been consistently enforced and complied with. Further, the Developer has represented and warranted that The Crossvine PDD Project Area will comply with the Architectural Standards and that any construction or development will not materially diminish the Architectural Standards of the Project. Forthe purposes of further clarity, "Architectural Standards" shall mean those standards and requirements for landscaping, fencing and screening, residential and commercial construction, building materials (including type of materials permitted, extent of materials, and their location on improvements), as well as all Public Improvements, entry features, green spaces and common areas, Must Build Trails and Roads, and similar elements which are established in or required by the PDD. 13.1.3 Private Fencing For the purposes of clarification of existing PDD requirements regarding Private Fencing in The Crossvine PDD Project Area: All Private Fencing which is cross fencing from the side lot -line fence shall attach to the house no further than five (5) feet from the primary rear wall of the house toward the front of the lot. 13.3 Module IIIA Unit 1 Architectural Standards The Architectural Standards established for Module I are hereby incorporated and shall be applicable to Module IIIA Unit 1 with the following additional considerations, modifications, and amendments: 13.3.1 The Architectural Standards shall be deemed to include any Conditions, Covenants, and Restrictions, Development Area Declarations, Design Guidelines, and similar instruments setting forth standards for construction, design, or materials associated with any construction or improvements in The Crossvine PDD Project Area. 13.3.2 Maintenance of the Architectural Standards and determination if there has been a material diminution thereof shall include review, evaluation, and comparison to prior residential construction and improvements and to Public Improvements with the intent being that the quality of construction and aesthetic standards be maintained. 13.3.3 The Developer as designated in the Development Agreement shall have the final responsibility for insuring the maintenance of the Architectural Standards. The Developer as specified in the Development Agreement shall exclusively serve and fulfill the role of The Crossvine Reviewer and may not defer or delegate such duties to any third party without a full and complete assignment of its obligations and responsibilities as well as its rights and entitlements under the Development Agreement, the Project Financing Plan, and the Interlocal Agreement to a third party which has assumed such obligations and responsibilities and which has been approved by the City. It is ratified and affirmed that building permits Pg. 13 The Crossvine PDD 5th Amendment 4/9/21 will not be processed or issued without written approval of address specific plans by The Crossvine Reviewer. The Crossvine PDD 5th Amendment Pg. 14 4/9/21 EXHIBIT 1 ADDITIONAL TRACT 1: 1.0 AC FIELD NOTES December 7, 2017 BEING 1.000 acre of land, more of less, out of the Geronimo Leal Survey No. 79, Abstract 424, County Block 5058, City of Schertz, Bexar County, Texas and also being described as a 1 acre tract in Volume 6505, Page 630 of the Deed Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at a concrete R.O.W. marker found in the existing north R.O.W. line of Lower Seguin Road at the south end of the cut -off line from the existing west R.O.W. line of F. M. Highway 1518 for a corner of this tract and a corner of the above referenced 1 acre tract; THENCE, S 6036'09" W, 91.56 feet (S W W, 92.5 feet- 6505/630) along said south R.O.W. line to an iron rod found in same for the southwest corner of this tract and a corner of a 13.669 acre tract described in Volume 15542, Page 551 of the Real Property Records of Bexar County, Texas; THENCE, N 09'49'00" W, 333.04 feet (Ref. Brg. N 0949' W, 334.5 feet- 6505/630) generally along an existing fence and the common line with said 13.669 acre tract to an iron pipe found for the northwest corner of this tract and an interior corner of said 13.669 acre tract; THENCE, N 6023'29" E, 143.04 feet (N 60 °E, 143.1 feet - 65051630) generally along an existing fence and the common line with said 13.669 acre tract to a concrete R.O.W. marker found in the existing west line of F. M. Highway 1518 for the northeast corner of this tract and a corner of said 13.669 acre tract; THENCE, along said west R.O.W. line in a southerly direction along a curve to the right and having a central angle of one19'38," a radius of 2825.00 feet, a tangent distance of 32.73 feet, an arc length of 65.44 feet and a chord bearing and distance of S 10'07'00" E, 65.45 feet to an iron rod set for the end of this curve; THENCE, S 0927'11" E, (S 0949'E- 65051630) 218.10 feet along said west R.O.W. line to an iron rod set in same at the north end of the cut -off line to the north line of Lower Seguin Road; THENCE, S 25°17'49" W, 82.20 feet (S 25?)5' W, 83 feet - 65051630) along said cut -off line to the POINT OF BEGINNING and containing 1.000 acre of land, more or less. Note: Plat also prepared this day. -._.` •� G O r'•, TF''a J. M. Butz, Jr. ............................... .. ,.JR... Registered Professional Land Surve or ., - 2024 •� r4 No. 2024 y 9y °�F s s `° -k �•�•SURJ FN17 -145 EXHIBIT 2 STATE OF TEXAS COUNTY OF BEXAR ADDITIONAL TRACT 2: 5.77 AC. CROSS BRANCH SURVEYING 2519 BOARDWALK SAN ANTONIO, TEXAS 78217 (210) 828 -1102 5.77 ACRES F.M. 1518 Being a 5.77 acre tract of land out of a called 6.0 acre tract of land described in deed executed on June 18, 2015 from Arthur W. Hillert Jr., an individual, to Price Asset Management, Inc., a Texas Corporation recorded in Volume 17299, Page 1911 of the Official Public Records of Bexar County, Texas, situated in the Jeronimo Leal Survey No. 79, Abstract 424, County Block 5058 of Bexar County, Texas. Said 5.77 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a'' /a" iron rod found on the southwest right -of -way line of F.M. 1518, for the POINT OF BEGINNING of this herein described tract, same being the northeastern corner of a called 6.00 acres conveyed to Shannon N. Houy and Tina Marie Houy by deed recorded in Deed No. 20200130665 of the Official Public Records of Bexar County, Texas; THENCE, S 30 016'49" E (the basis of bearings for this survey), a distance of 291.03 feet, with the southwest right -of -way line of F.M. 1518 to a ''/2" iron rod found for the northernmost corner of a called 34.007 acre tract conveyed. to Schertz.1518, Ltd. By deed recorded in Volume 11492, Page 57 of the Official Public Records of Bexar County, Texas, same being the eastern most corner of this herein described tract; THENCE, S 59"38'17" W, a distance of 862.71 feet, with the northwest line of said 34.007 acre tract, to a %" iron rod found for an eastern corner of said Houy tract, same being the southernmost corner of this herein described tract; THENCE, N 30 047'09" W, a distance of 291.04 feet, with the common line of the said Houy tract to a ' /x" iron rod found for the westernmost corner of this herein described tract; THENCE, N 59038'17" E, a distance of 568.28 feet, with the common line of said Houy tract to the POINT OF BEGINNING of this herein described tract, containing 5.77 acres (251,446 sq. ft.) of land, more or less, within these metes and bounds. 1 of 2 EXHIBIT 3 I hereby certify that this survey was perforih d upbri'the'ground March 12th, 2021, under my direct supervision and is true and correct to the best of my knowledge. Caesar A, Garcia Registered Professional Land Surveyor No. 5904 WO #21 -2 -2B 2 of 2 EXHIBIT 3 Pg 2 MODULE III A UNIT 1: 53.'72 AC. I A 53.72 ACRES SURVEYING A 53.72 acres tract of land, out of the Julian Diaz Survey No. 66, Abstract No. 1B7, County Block 5059, the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060 and being out of a 145.427 acre tract of land as conveyed to Schertz 1518, LTD. of record in Volume 11564 Page 1814 and a 91.288 acre tract of land as conveyed to Schertz 1518, LTD. of record in Volume 11601 Page 2280, all being of the Official Public Records of Bexar County, Texas and situated in the City of Schertz, Bexar County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found iron pipe, in the southwest right -of -way line of F.M. 1518, a variable width right -of- way and the northeastline of the 145.427 acre tract, for the southeast corner of Lot 1, Block 1 of the Washington Tyrannus School Of The Arts, a plat of record in Volume 9616, Page 24 of the Deed and Plat Records of Bexar County, Texas and a northeast corner of the 145.427 acre tract; THENCE: along and with the northeast lines of the 145.427 acre tract and the north, west, and south lines of Lot 1, Block 1 of the Sedona Lift Station Subdivision, a plat of record in Volume 9611, Page 168 of the Deed and Plat Records of Bexar County, Texas, the following five (5) courses: 1. S 30 °21'21" E, a distance of 363.82 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the northeast corner of Lot 1, Block 1 of the Sedona Lift Station Subdivision and an exterior corner of the 145.427 acre tract, 2. S 69 °31'36" W, a distance of 119.34 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the northwest corner of Lot 1, Block 1 of the Sedona Lift Station Subdivision and an interior corner of the 145.427 acre tract, 3. S 20 °28'24" E, a distance of 104.08 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the beginning of a curve to the right; 4. with a curve to the right, having an arc of 15.16 feet, a radius of 50.00 feet, a delta of 17 °22'31 ", and a chord bears S 66 °42'30" E, a distance of 15.10 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency, and S. N 59 °41'45" E, a distance of 126.48 feet to a calculated point, for the southeast corner of Lot 1, Block 1 and a northeast corner of the 145.427 acre tract; THENCE: S 30 °21'21" E, along and with a northeast line of the 145.427 acre tract, a distance of 703.73 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the POINT OF BEGINNING and the northeast corner of the tract described herein; THENE: S 30 °21'21" E, into and across the145.427 acre tract, a distance of 577.63 feet to a found 1h" iron rod, for the northeast corner of a 9.977 acre tract of land as conveyed to Ware Seguin 1518, LLC of record in Volume 18693, Page 578 of the Official Public Records of Bexar County, Texas, the southeast corner of the 145.427 acre tract and the tract described herein; THENCE: S 59 °19'19" W, along and with the southeast line of the 145.427 acre tract and the northwest line of the 9.977 acre tract, a distance of 1749.17 feet to a found 1h" iron rod in the southeast line of the 145.427 acre tract, for the northwest corner of the 9.977 acre tract, the northeast corner of a 20.003 acre tract as conveyed to Ware Seguin 1518, LLC of record in Volume 19013, Page 2095 of the Official Public Records of Bexar County, Texas, and an angle point of the tract described herein; I sikf trr*4 � � THENCE: S 59 139'56" W, along and with the southeast line of the 145.427 acre tract and the northwest line of the 20.003 acre tract, a distance of 509.91 feet to a post, in the northeast line of the 91.288 acre tract, for the northwest corner of the 20.003 acre tract, the southwest corner of the 145.427 acre tract and the tract described herein; THENCE: into and across the 91.288 acre tract and the 145.427 acre tractthe following seventeen (17) courses: 1. N 83 °06'36" W, a distance of 160.98 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 2. N 72 °02'20" W, a distance of 90.57 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 3. N 17 °57'40" E, a distance of 8.58 feet to a set y2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 4. With a curve to the left, having an arc of 76.05 feet, a radius of 445.00 feet, a delta of 9 °47'32 ", and a chord bears N 13 °03'54" E, a distance of 75.96 feet to a set "h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", fora point of compound curvature of the tract described herein, 5. With a curve to the left, having an arc of 24.96 feet, a radius of 15.00 feet, a delta of 95 °20'15 ", and a chord bears N 39 °29'59" W, a distance of 22.18 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 6. N 02 °49'53" E, a distance of 50.00 feet, for a point of curvature of the tract described herein, 7. With a non - tangent curve to the left having an arc of 24.96 feet, a radius of 15.00 feet, a delta of 95 °20'15 ", and a chord bears N 45 °09'45" E, a distance of 22.18 feet to a set W, iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of compound curvature of the tract described herein, 8. With a curve to the left, having an arc of 20.74 feet, a radius of 445.00 feet, a delta of 2 °40'13 ", and a chord bears N 03 °50'29" W, a distance of 20.74 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 9. N 05 °10'35" W, a distance of 85.52 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 10. N 87 °38'34" W, a distance of 202.76 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 11. S 67 °32'26" W, a distance of 141.78 feet to a set 2/2' iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 12. S 29 155'37" W, a distance of 84.54 feet to a set 'h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 13. S 03 °08'33" W, a distance of 109.52 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 14. S 21 °26'01" E, a distance of 119.39 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 15. S 22 °49'58" W, a distance of 156.59 feet to a set Y2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point for the tract described herein, 16. S 16 °29'38" W, a distance of 67.23 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, and 17. S 59 °48'47" W, a distance of 10.00 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying', for the southwest corner of the tract described herein; EXHIBIT 4 Pg 2 THENCE: N 30 °11'13" W, along and with the southwest line of the 91.288 acre tract and the northeast line of a 285.567 acre tract as conveyed to 3GG Properties, LLC of record in Volume 16527, Page 1683 of the Official Public Records of Bexar County, Texas, a distance of 694.82 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the northwest corner of the tract described herein; THENCE: into and across the 91.288 acre tract and the 145.427 acre tract the following forty-two (42) courses: 1. N 69 °35'40" E, a distance of 200.04 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 2. N 20 °24'20" W, a distance of 129.56 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of a tract described herein, 3. With a non - tangent curve to the left, having an arc of 71.88 feet, a radius of 60.00 feet, a delta of 68 °38'39 ", and a chord bears N 02 °28'31" E, a distance of 67.66 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for a point of reverse curvature of the tract described herein, 4. With a curve to the right having an arc of 22.56 feet, a radius of 15.00 feet, a delta of 86 110'39 ", and a chord bears N 11 °14'31" E, a distance of 20.49 feet to a set 1 /z" iron rod with a Blue Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, S. N 54 °19'50" E, a distance of 38.98 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 6. S 35 °40'10" E, a distance of 120.00 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 7. N 54 019'50" E, a distance of 166.59 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, B. N 20 12346" E, a distance of 95.41 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", far an angle point of the tractdescribed herein, 9. N 14 °38'50" E, a distance of 89.78 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for an angle point of the tract described herein, 10. N 07 °37'05" E, a distance of 75.06 feet to a set 'h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for the north corner of the tract described herein, 11. S 82 °22'55" E, a distance of 199.87 feet to a set 2/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying', for a point of curvature of the tract described herein, 12. With a curve to the right, having and arc of 155.63 feet, a radius of 275.00 feet, a delta of 32 125'31 ", and a chord bears S 66 °10'10" E, a distance of 153.56 feet to a set i/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for point of tangency of the tract described herein, 13. 5 49 °57'24" E, a distance of 8.93 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an interior corner of the tract described herein, 14. N 40 °02'38" E, a distance of 49.89 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 15. S 52 049'09" E, a distance of 48.85 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 16. With a curve to the left, having an arc of 34.51 feet, a radius of 40.00 feet, a delta of 49 °25'53 ", and a chord bears S 77 °32'06" E, a distance of 33.45 feet to a set%" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, 17. With a curve to the right, having an arc of 13.25 feet, a radius of 70.00 feet, a delta of 10 °50'43 ", and a chord bears N 83 010'20" E, a distance of 13.23 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, EXHIBIT 4 Pg 3 18. With a curve to the Ieft, having an arc of 32.69 feet, a radius of 41.00 feet, a delta of 45 °41'20 ", and a chord bears N 65 °45'01" E, a distance of 31.83 feet to a set 11z" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 19. N 42 °54'21" E, a distance of 50.60 feet to a set Ih" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 20. N 40 °02'36" E, a distance of 63.91 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 21. With a curve to the left having an arc of 23.56 feet, a radius of 15.00 feet, a delta of 90 °00'00 ", and a chord bears N 04 057'24" W, a distance of 21.21 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 22. N 49 °57'24" W, a distance of 1.00 feet to a set 1112." iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 23. N 40 °02'36" E, a distance of 50.00 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 24. S 49 °57'24" E, a distance of 1.00 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 25. With a curve to the left, having an arc of 23.56 feet, a radius of 15.00 feet, a delta of 90 °00'00 ", and a chord bears N 85 °02'36" E, a distance of 21.21 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 26. N 40 002'36" E, a distance of 207.56 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 27. With a curve to the left, having an arc of 24.28 feet, a radius of 15.00 feet, a delta of 92 °44'06 ", and a chord bears N 06 °19'27" W, a distance of 21.71 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 28. N 52 °41'30" W, a distance of 1.00 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying", for an exterior corner of the tract described herein, 29. N 37 °18'30" E, a distance of 50.00 feet to a set 1 /2" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an exterior corner of the tract described herein, 30. S 52 041'30" E, a distance of 4.82 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 31. With a curve to the left, having an arc of 22.85 feet, a radius of 15.00 feet, a delta of 87 °15'54 ", and a chord bears N 83 140'33" E, a distance of 20.70 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 32. N 40 °02'36" E, a distance of 354.50 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 33. With a curve to the right, having an arc of 458.60 feet, a radius of 430.00 feet, a delta of 61 °06'26 ", and a chord bears N 70 °35'49" E, a distance of 437.18 feet to a set 1h" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 34. S 78 °50'58" E, a distance of 77.40 feet to a set rh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 35. S 81 040'39" E, a distance of 52.22 feet to a set lh" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of curvature of the tract described herein, 36. With a curve to the left, having an arc of 32.69 feet, a radius of 41.00 feet, a delta of 45 °41'20 ", and a chord bears N 75 °28'41" E, a distance of 31.83 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, EXHIBIT 4 Pg 4 37. With a curve to the right, having an arc of 118.63 feet, a radius of 70.00 feet, a delta of 970610 ", and a chord bears S 78 °48'54" E, a distance of 104.94 feet to a set %" iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", fora point of reverse curvature of the tract described herein, 38. With a curve to the left, having an arc of 32.69 feet, a radius of 41.00 feet, a delta of 45 °41'20 ", and a chord bears S 53 °06'29" E, a distance of 31.83 feetto a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 39. S 75 °57'10" E, a distance of 49.04 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for an angle point of the tract described herein, 40. S 78 050'58" E, a distance of 51.29 feet to a set 1/2" iron rod with a Blue Plastic Cap Stamped "KEW Surveying ", for a point of curvature of the tract described herein, 41. With a curve to the left, having an arc of 300.64 feet a radius of 415.00 feet, a delta of 41 °30'23 ", and a chord bears N 80 °23'50" E, a distance of 294.10 feet to a set W iron rod with a Blue Plastic Cap Stamped "KFW Surveying ", for a point of tangency of the tract described herein, 42. N 59 038'39" E, a distance of 103.34 feet to the POINT OF BEGINNING and containing 53.72 acres more or less, in the City of Schertz, Bexar County, Texas and in accordance with a p at prepared by KFW Surveying. 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