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22-R-58 - Accepting Petition for Voluntary Annexation 45 acres FM 1518 Schaefer Road (2)RESOLUTION NO. 22-R-58 A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS ACCEPTING A PETITION FOR VOLUNTARY ANNEXATION WITHIN THE EXTRATERRITORIAL JUSRIDICTION OF THE CITY OF SCHERTZ WHEREAS, a petition for annexation from the City of Schertz for approximately 45 acres of land generally located 3,700 feet east of the intersection of FM 1518 and Schaefer Road, known as property addresses 12250 Schaefer Road and 12198 Schaefer Road, also known as Bexar County Property Identification Numbers 309837, 309814, and 309807 Bexar County, Texas, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, the complete petition packet is attached hereto as Exhibit B; and, WHEREAS, the City staff has recommended that the petition for annexation be accepted; and WHEREAS, upon accepting the petition for voluntary annexation of the subject property, the City may annex the property by adoption of an ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby accepts the Petition for Voluntary Annexation. Section 2. The City Council shall act upon the Petition for Voluntary Annexation and annex the subject property by ordinance at a future meeting of the City Council at such time the City Council deems to be in the best interest of the City. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution 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 Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of June, 2022. CITY OF SCHERTZ, TEXAS - Ae�- -- Ralp utie _, Mayor ATTEST: ( iai Secretary, Brenda Dennis (CITY SEAL) STATE OF TEXAS COUNTY OF BEXAR 1T1 1T1 MEALS* MYERS ENGINEERING 8 SURVEYING LLC FIELD NOTE DESCRIPTION OF A 14.951 ACRE TRACT Exhibit A Page 1 of 2 Being a 14.951 acre tract of land lying in the W. Bracken Survey No. 74, Abstract No. 43, and the M.S. Bennett Survey No. 75, Abstract No. 61, Bexar County, Texas, said 14.951 acre tract being a portion of a 10.00 acre tract of land described in a Deed to Earnest E. Marshall dated January 19, 2011, and recorded in Volume 14824, Page 1242, Official Public Records of Bexar County, Texas, and also being a portion of a 5.00 acre tract of land described in a Warranty Deed to Earnest E. Marshall and wife, Regina E. Marshall dated March 14, 1978, and recorded in Volume 1072, Page 694, Official Public Records of Bexar County, Texas; said 14.951 acre tract being more particularly described as follows: BEGINNING: at a 1/2" iron rod with plastic cap stamped "PROP COR" found at the intersection of the southeast right -of -way line of Schaefer Road (varying width right -of -way) and the southwest line of the aforementioned 5.00 acre tract, for the north corner of a 15.446 acre tract of land as described and recorded in Document No. 20210076999, Official Public Records of Bexar County, Texas, and the west corner of the herein described 14.951 acre tract; THENCE: leaving the southwest line of the aforementioned 5.00 acre tract, along the southeast right-of- way line of the aforementioned Schaefer Road, N59 °33' 09 "E, a distance of 403.64 feet (Record — N59 031'00 "E - 403.61') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490" set in at the intersection of the southeast right -of -way line of said Schaefer Road, the northeast line of the aforementioned 10.00 acre tract, and a southwest line of a 14.48 acre tract of land as described and recorded in Volume 6622, Page 358, Official Public Records of Bexar County, Texas, for the north corner of the herein described 14.951 acre tract; THENCE: leaving the southeast right -of -way line of the aforementioned Schaefer Road, along the northeast line of the aforementioned 10.00 acre tract and a southwest line of the aforementioned 14.48 acre tract, S29 °34'48 "E, a distance of 1,637.17 feet (Record — S29'1 8'00"E) to a 1" iron pipe found for the east comer of said 10.00 acre tract, an interior corner of said 14.48 acre tract, and the east corner of the herein described 14.951 acre tract; THENCE: along the southeast line of the aforementioned 10.00 acre tract, the southeast line of the aforementioned 5.00 acre tract, a northwest line of the aforementioned 14.48 acre tract, and the northwest line of a 4.138 acre tract of land as described and recorded in Volume 17168, Page 2440, Official Public Records of Bexar County, Texas, S59 °34'06 "W, passing a 1 /2" iron rod with plastic cap stamped "FORD ENG INC" for the north corner of said 4.138 acre tract at a distance of 131.46 feet, a total distance of 392.08 feet (Record — S59 °49'00 "W) to a 1" iron pipe found in the northeast line of a 15.755 acre tract of land as described and recorded in Volume 8604, Page 176, Official Public Records of Bexar County, Texas, for the south corner of said 5.00 acre tract, the west corner of said 4.138 acre tract, and the south corner of the herein described 14.951 acre tract; Phone (210) 740 -2384 1 (830) 931 -1269 • TBPE No. F -18576 • TBPLS No. 10194291 • www.mealsmvers.com Page 2 of 2 THENCE: along the southwest line of the aforementioned 5.00 acre tract, the northeast line of the aforementioned 15.755 acre tract, and the northeast line of the aforementioned 15.446 acre tract, N29 °59'05 "W, a distance of 1,636.93 feet (Record — N29 °42'00 "W) to the PLACE OF BEGINNING and containing 14.951 acres of land. Notes: 1. Basis of Bearing based on the Texas Coordinate System, South Central Zone (4204) NAD (83). 2. ( )- Record calls taken from Volume 14824, Page 1242, Volume 1072, Page 694, and Volume 14896, Page 1375, all of the Official Public Records of Bexar County, Texas. 3. A survey exhibit of even date accompanies this Field Note Description. I, Paul L. Myers, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my supervision in October thru November 2021. OF ........................... PAUL L: �fYERS 6490 Paul L. Myers Registered Professional Land Surveyor No. 6490 — State of Texas Job #21151 November 15, 2021 PLM Phone (210) 740 -2384 (830) 931 -1269 • TBPE No. F -18576 • TBPLS No. 10194291 • www.mealsmyers.com STATE OF TEXAS COUNTY OF BEXAR MEALS* MYERS ENGINEERING & SURVEYING LLC FIELD NOTE DESCRIPTION OF A 29.270 ACRE TRACT Pagel of 3 Being a 29.270 acre tract of land lying in the W. Bracken Survey No. 74, Abstract No. 43, Bexar County, Texas, said 29.270 acre tract being a portion of a 19.65 acre tract of land described in a Special Warranty Deed to Wesley Rumpf dated September 30, 2009, and recorded in Volume 15737, Page 2296 Official Public Records of Bexar County, Texas, and also being a portion of a 14.48 acre tract of land, save and except a 0.56 of an acre tract of land, described in a Warranty Deed with Vendor's Lien to Wesley H. Rumpf dated December 11, 1995, and recorded in Volume 6622, Page 358 Official Public Records of Bexar County, Texas; said 29.270 acre tract being more particularly described as follows: BEGINNING: at a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490" set at the intersection of the southeast right -of -way line of Schaefer Road (varying width right -of -way), the southwest line of the aforementioned 14.48 acre tract, and the northeast line of a 10.00 acre tract of land as described and recorded in Volume 14824, Page 1242, Official Public Records of Bexar County, Texas, for the most northerly west corner of the herein described 29.270 acre tract; THENCE: leaving the southwest line of the aforementioned 14.48 acre tract and the northeast line of the aforementioned 10.00 acre tract, along the southeast right -of -way line of the aforementioned Schaefer Road and the northwest line of the aforementioned 19.65 acre tract, N59 °33'09 "E, a distance of 494.39 feet (Record — N09 °20'01 "E - 573.09') to a 3" diameter metal fence corner post found at the intersection of the southeast right -of -way line of said Schaefer Road and the southwest line of a 13.180 acre tract of land as described and recorded in Volume 15480, Page 1074, Official Public Records of Bexar County, Texas, for the north corner of said 19.65 acre tract and the north corner of the herein described 29.270 acre tract; THENCE: leaving the southeast right -of -way line of the aforementioned Schaefer Road, along the northeast line of the aforementioned 19.65 acre tract, the southwest line of the aforementioned 13.180 acre tract, the southwest line of a 7.00 acre tract of land as described and recorded in Volume 2810, Page 1333, and the southwest line of a 7.00 acre tract of land as described and recorded in Document No. 20180118043, Official Public Records of Bexar County, Texas, S30 °24' 15 "E, a distance of 2,279.73 feet (Record — S30 °25'31 "E - 2279.20') to a 1/2" iron rod found in the northwest line of a 25.01 acre tract of land as described and recorded in Volume 14298, Page 7, Official Public Records of Bexar County, Texas, for the east comer of said 19.65 acre tract, the south corner of said 7.00 acre tract (Document No. 20180118043), and the east corner of the herein described 29.270 acre tract; Phone (210) 740 -2384 1 (830) 931 -1269 • TBPE No. F -18576 • TBPLS No. 10194291 • www.mealsmyers.com Page 2 of 3 THENCE: along the southeast line of the aforementioned 19.65 acre tract, the southeast line of the aforementioned 14.48 acre tract, and the northwest line of the aforementioned 25.01 acre tract, S49 °49'57 "W, a distance of 557.86 feet (Record — S50 °09'53 "W) to a point for the east comer of a 4.138 acre tract of land as described and recorded in Volume 17168, Page 2440, Official Public Records of Bexar County, Texas, and a south corner of the herein described 29.270 acre tract, from which a 3" diameter metal fence corner post found bears N60 °52'55 "W, a distance of 0.33 feet; THENCE: leaving the southeast line of the aforementioned 14.48 acre tract and the northwest line of the aforementioned 25.01 acre tract, along the northeast line of the aforementioned 4.138 acre tract the following three (3) courses and distances: N64 °47'29 "W, a distance of 164.17 feet (Record - N64 °48'22 "W - 164.17') to a 3" diameter metal fence corner post found for an angle point, N38 007'03 "W, a distance of 82.33 feet (Record — N38 °07'56 "W - 82.33') to a 1/2" iron rod found, and N29 056'45 "W, a distance of 519.84 feet (Record — N29 °56'35 "W - 519.66') to a 1/2" iron rod with plastic cap stamped "FORD ENG INC" found in a northwest line of said 14.48 acre tract and the southeast line of the aforementioned 10.00 acre tract for most southerly west corner of the herein described 29.270 acre tract; THENCE: along a northwest line of the aforementioned 14.48 acre tract and the southeast line of the aforementioned 10.00 acre tract, N59 034'07 "E, a distance of 131.46 feet (Record — N59 "46'57 "E) to a 1" iron pipe found for an interior corner of said 14.48 acre tract, the east corner of said 10.00 acre tract, and an interior corner of the herein described 29.270 acre tract; Phone (210) 740 -2384 (830) 931 -1269 • TBPE No. F -18576 • TBPLS No. 10194291 • www.mealsmvers.com Page 3 of 3 THENCE: along a southwest line of the aforementioned 14.48 acre tract and the northeast line of the aforementioned 10.00 acre tract, N29 °34'48 "W, a distance of 1,637.17 feet (Record — N29 °20'33 "W) to the PLACE OF BEGINNING and containing 29.270 acres of land. Notes: 1. Basis of Bearing based on the Texas Coordinate System, South Central Zone (4204) NAD (83). 2. ()- Record calls taken from Volume 17168, Page 2440, Volume 6622, Page 358, Volume 15737, Page 2296 and Volume 14967, Page 1206, all of the Official Public Records of Bexar County, Texas. 3. A survey exhibit of even date accompanies this Field Note Description. I, Paul L. Myers, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my supervision in October thru November, 2021. o ........................... PAUL L. 'DYERS °p 6490 Paul L. Myers Registered Professional Land Surveyor No. 6490 — State of Texas Job #21153 January 4, 2022 PLM Phone (210) 740-23841(830) 931 -1269 • TBPE No. F -18576 • TBPLS No. 10194291 • www.mealsmyers.com Exhibit B • Engineers ' Surveyors •Planners Moy Tarin Ramirez Engineers, LLC January 24, 2022 City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Re: Voluntary Annexation — Rumpf Tracts I Marshall Tract - 44.221 Ac. To whom it may concern, The purpose of this letter is to request the voluntary annexation of the approximately 29.270 -acre tract and 14.951 - acre tract depicted on the Attached Exhibit into the City of Schertz. The properties are located at 12250 Schaefer Road and 12198 Schaefer Road respectively. If you have any questions or require additional information, please don't hesitate to contact our office. Sincerely, Moy Tarin Ramirez Engineers, LLC (Agent) Raym nd Tarin Jr., PE, CFM, ED AP rin ' al 12770 Cimarron Path, Suite 100, San Antonio, TX 78249 TBPELS: Engineering F -52971 Surveying F- 10131500 Ph. 210.698.5051 Fx.210.698.5085 • Engineers • Surveyors • Planners Moy Tarin Ramirez Engineers, LLC Duly Authorized Agent Letter October 15, 2021 To Whom it May Concern: MOY TARIN RAMIREZ ENGINEERS, LLC are Authorized Agents for the owner of the certain 14.932 acres of land, more or less, located at 12198 Schaefer Road Schertz, Texas 78108 and known as Bexar County Appraisal District Property ID: 309837, Legal Description CB 5057 P -4A (6.7055AC) & P -46 (4.9705AC) ABS 61 CB 5056 P -1G (3.256) ABS 43, and is authorized to execute any and all documents related to the future development of said property described. Executed d 2021 ERNEST E. MARSHALL The State of Texas § County of &M r § This instrum nt� yY''�� s acknowledged before me on this the day of I n. / 2021 by Marshall E. Ernest, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes and consideration ser forth therein. —, RANDY HERNANDE"' -- - *`FqY i ?` ?0 • {f.e Notary Public, state of Texra =, tary Public, State V-. Comm. Expires 04- 01.2025 ,,,,, Notary ID 133013629 My Commission Expires: • Engineers �� • Surveyors Planners Moy Tarin Ramirez Engineers, LLC Duly Authorized Agent Letter October 15, 2021 To Whom it May Concern: MOY TARIN RAMIREZ ENGINEERS, LLC are Authorized Agents for the owner of the certain 28.256 acres of land, more or less, made up of the two tracts whose addresses and legal descriptions can be found below, and is authorized to execute any and all documents related to the future development of said properties described. Tract 1— Acreage: 9.606 AC. Address: 12250 Schaefer Road, Schertz, Texas 78108 BCAD Property ID: 309814 Legal Description: CB 5056 P -9 (OUT OF P -1) A43 CB 5057 P -4 ABS 61 Tract 2 — Acreage: 18.650 AC. Address: 12250 Schaefer Road, Schertz, Texas 78108 BCAD Property ID: 309807 Legal Description: CB 5056 P -1 A -43 REFER TO: 05056- 000 -0010 Executed this, 0 day The State of Texas § County of gam § 0C/0IleY .2021 WESLEY H. RUMPF This instrument was acknowledged before me on this the day of 0,_. i, - ti -q-� 2021 by Wesley H. Rumpf, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes and consideration ser forth therein. Notary Public, State of Texas `.�-,%lotvuey LINDA HARRIS =r;•' MNotary Public, State of Texas My Commission Expires: 7- _ „7 +r Comm. Expires 07- 28.2024 Notary 10 12050540