23-R-36_Santa Clara ETJ Agreement- UpdatedRESOLUTION NO. 23-R-36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN EXTRA TERRITORIAL
JURISDICTION AGREEMENT WITH THE CITY OF SANTA CLARA
FOR THE RELEASE OF 4.8 ACRES OF THE CITY OF SCHERTZ
EXTRATERRITORIAL JURSIDICTION (ETJ), AND RELATED
MATTERS IN CONNECTION THEREWITH
WHEREAS, Chesmar Homes, LLC, as land owner, has requested the City of Schertz
release 4.8 acres within the City of Schertz Extraterritorial Jurisdiction (ETJ) so that such area
may be incorporated into the City of Santa Clara Extraterritorial Jurisdiction; and
WHEREAS, the remainder of the subject property (58.48 acres), Guadalupe County
Property ID 61495, is currently within the City of Santa Clara's ExtraterritoriaJ Jurisdiction; and
WHEREAS, the subject property is generally located 4,000 feet southwest of the
intersection of Green Valley Road and Marion Road; and
WHEREAS, the subject property is not provided water or sewer by the City of Schertz,
and is located within Green Valley Special Utility District Certificate of Convenience and
Necessity (CCN) for water and sewer; and
WHEREAS, the release of the subject property from the City of Schertz Extraterritorial
Jurisdiction would allow the prompt expansion of the City of Santa Clara Extraterritorial
Jurisdiction; and
WHEREAS, on February 27, 2023 the City Council of the City of Santa Clara
authorized the Mayor of Santa Clara to enter into an agreement with the City of Schertz in
relation to the subject property; and
WHEREAS, the City Council of the City of Sche11z has detennined it is in the best
interest of the City to enter into an agreement with the City of Santa Clara pursuant to the
Extraterritorial Jurisdiction Agreement attached here to as Exhibit A (the "ETJ Agreemenf')
regarding the release of 4.8 acres of ETJ by the City of Schertz to the City of Santa Clara
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section I. The City Council hereby authorizes the City Manager to execute and deliver
the ETJ Agreement with the City of Santa Clara in substantially the form set forth in
Exhibit "A".
Section 2. 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 3. 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 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. 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 otl1er 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 6. It is officially fow1d, 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 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
~ .
PASSED AND ADOPTED, this .D_ day of 9\>c .... \ 2023.
Z, TEXAS
ATTEST:
A~to~
· Sheree Coumcy, Deputy ~retary
CITY OF SANTA CLARA -CITY OF SCHERTZ
EXTRATERRITORIAL JURISDICTION AGREEMENT
This Extratenitorial Jurisdiction Agreement is effective on the date set forth in Article V
hereof (this .. Agreement") and is entered into by and between the City of Santa Clara, a Texas
Municipal Corporation ("Santa Clara"), acting by and through its Mayor and the City of
Schertz, a Texas Municipal Corporation ("Schertz"), acting by and through its City Manager
pursuant to Resolution No. 23-R-36.
WITNESSETH:
WHEREAS, Chesmar Homes, LLC, as land owner, has requested that Schertz release from
its extraterritorial jurisdiction an area of approximately 4.8 acres (the Subject Property
described below) so that such area may be incorporated into the extraterritorial jurisdiction of
Santa Clara; and
WHEREAS, Chesmar Homes, LLC, as land owner, has requested that Santa Clara expand its
extraterritorial jurisdiction to include the Subject Property; and
WHEREAS, Santa Clara and Schertz each have all requisite municipal corporate power and
authority to enter into an Agreement for perfom1ance of all of their relative obligations under
such Agreement; and
WHEREAS, the execution and performance by each municipality of this Agreement has been
duly authorized by City Resolution, and except for the additional approval of the Owners, no
consent or approval of any other person is required, including, without limitation, any
governmental authority; and
WHEREAS, both municipalities are desirous of entering into this Agreement;
THE PARTIES AGREE AS FOLLOWS:
L General Terms and Conditions
A. Schertz releases from its extratenitorial jurisdiction and relinquishes control
over an area containing approximately 4.8 acres ofland located generally 4,000
feet southwest of the intersection of Green Valley Road and Marion Road and
more particularly described by metes and bounds and the map attached hereto
as Exhibit A and incorporated herein for all purposes ("Subject Property").
Schertz shall file for record a copy of this Agreement within the Subject Property
affected by this Agreement in the Real Property Records of Guadalupe County,
Texas. Schertz shall take such further and additional action as Santa Clara may
reasonably request to evidence the release of the Subject Property from its
exn·atenitorial jwisdiction.
B. Santa Clara shall, in accordance with Sec. 42.022 of the Texas Local
Government Code, promptly expand its existing extrate1Titorial jurisdiction to
include the Subject Property.
II. Subject Sevcrability
A. If for any reason, any one or more paragraphs of this Agreement is held invalid,
such determination shall not affect, impair, or invalidate the remaining
paragraphs of this Agreement but shall be confined in its operation to the
specific sections, sentences, clauses, or parts of this Agreement held invalid,
and invalidity of any section, sentence, clause, or parts shall not affect, impair,
or prejudice in any way the validity of the remainder of this Agreement in any
instance,
B. This Agreement and the exhibits to this Agreement supersede any and all other
prior or contemporaneous agreements, oral or written, among the parties with
respect to the matters addressed in this Agreement.
III. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of Texas.
IV. Notices
Any notice, request, demand, rep01t, certificate, or other instrument which may be required or
permitted to be furnished to or served upon the parties shall be deemed sufficiently given or
furnished or served if in writing and deposited in the United States mail, registered or certified,
return receipt required, addressed to such party at the address set forth below or such other
address as may be hereafter designated by either party by written notice to the other party .
1F TO THE CITY OF SANT A CLARA IF TO THE CITY OF SCHERTZ
City of Santa Clara City of Schertz
1653 N. Santa Clara Rd 1400 Schertz Parkway
Santa Clara, Texas 78124 Schertz, Texas 78154
Attn: Mayor Attn: City Manager
With a copy to: With a copy to:
City of Santa Clara Denton Navarro Rocha Bernal & Zech
1653 N. Santa Clara Rd 2517 North Main A venue,
Santa Clara, Texas 78124 San Antonio, Texas 78121
Attn: City Attorney Attn: Dan Santee
V. Effective Date
This Agreement is effective on the effective date of the later of the Resolution of the City of
Santa Clara and the Resolution of the City of Sche11z authorizing this Agreement, in each
case as indicated by the date following the signature of each City's authorized representative.
[Remainder of page intentionally left blank]
2
IN WITNESS WHEREOF this Agreement has been executed in triplicate.
CITY OF SCHERTZ
By:~~~~~~~~~~~~~~
Title: City Manager
ST ATE OF TEXAS §
COUNTY OF GUADALUPE §
Before me, Steve Williams, on this day personally appeared and acknowledged to me that he
executed the forgoing instrument for the purposes and consideration therein expressed as
authorized on behalf of said entity.
Given under my hand and seal of office this __ day of _____ , 2023.
(Seal)
(Notary's Signature)
3
JN WITNESS WHEREOF this Agreement has been executed in triplicate.
CITY OF SANTA CLARA
Title: Mayor
STATE OF TEXAS §
COUNTY OF GUADALUPE §
Before me, Jeff Hunt, on this day personally appeared and acknowledged to me that he
executed the forgoing instrument for the purposes and consideration therein expressed as
authorized on behalf of said entity.
Given under my hand and seal of office this __ day of ____ _, 2023.
(Seal)
(Notary's Signature)
4
LEGEND:
DR DEED RECORDS OF BEXAR COUNTY, TEXAS
QPR OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS
DPR DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS
PR PLAT RECORDS OF BEXAR COUNTY, TEXAS
FIR FOUND 1 /2'' IRON ROD
NOTES:
\, THIS EXHIBIT IS ISSUED IN CONJUNCTION
WITH A METES AND BOUNDS
DESCRIPTION PREPARED UNDER JOB NO.
30046-00 BY PAPE-DAWSON ENGINEERS,
INC.
LOCA llON MAP NOT-TO.SCALE
N58°55'14"E
353.47'
2. 11-IE BEARINGS ARE BASED ON THE
TEXAS COORDINATE SYSTEM ESTABLISHED
FOR THE SOUTH CENTRAL ZONE FROM
THE NORTH AMERICAN DATUM OF 1983
NAO 83 (NA2011) EPOCH 2010.00.
TRACT 6
WESTON RANCH
FO!Jtl DA TION
(VOL. 2338,
PG. 451 OPR)
~
~
0 ...
~
(c,
~
~
~
. W!.R.
/f;-~;.Z?J: FT~EE~R~~
e
R:2,686.12'
Delta=23°21 '07"
CB:S14°37'25"E
CD:1,087.21'
L:1094.n'
FO. ~· l.R.
~P.O.B.
E. COY SURVEY NO. 93
ABSTRACT NO. fr1
FD. 3/8 " l.R.
TRACT 6 982.51'
300' O' 150' 300'
~---l I
94.328 ACRE TRACT
R£NO ENGEL
(DOC. NO. 2017027480 OPR)
SCALE: 1"= 300'
FD. W l.R. W/ CAP
FD. U° l.R.
'THIS DOCUMENT WAS PREPARED UN.DER 22TAC138.95, DOES NOT
REFLECT TliE AESUL TS OF AN ON TliE GROUND SURVEY, AND IS NOT
TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH !TWAS
PREPARED."
68.221 ACRE TRACT
CLIFTON ENGEL
(VOL 782, PG. 488 OPR)
FD. ~· l.R. W/ CAP
854.47' FD. ~· l.R.
0 <(go
~~
~-~k
::!
sss0 04'00"W
122.70'
WESTON RANCH FOUNDATION
(VOL. 2338, PG. 451 OPR)
-1 PAPE-DAWSON Jiii ENGiNEERS
25.11 ACRE lRACT
JAMES JA SON YllWAM S
(DOC. NO. 202199030711 OPR)
70.066 ACRE TRACT
WIWAMS FAMILY TRUST om
(DOC. NO. 202199038547 OPR)
SAN ANTONIO 1 AUSTiii I KOUSTON I FORT WORT" I DAUAS
2000 NW LOOP 410 I SAN AHTOIUO, lX 78213 I 21D.376.90DO
TEXAS E,..OINt:t!IUNG ftAM 1'470 I TEXAS 8UAVl!YtNO ft RM 110028100
Dalo; .-ot, :ID23, 2'~ u-ID: •1"'1"'9
Ile: NI \PYI-~00\,10Cl4&-QO EX 8".Q.Ht
JAN. 2023
1.607 ACRE TRACT
CLIFTON & ALICE ENGEL
(VOL 782, PG. 488 OPR)
SHEET 1 OF 1
JOB No.: 30046-00
REFERENCE:
ml PAPE-DAWSON
1DIENGINEERS ---------------------------===--=-=----=
METES AND BOUNDS DESCRIPTIONFOR A TRACT
OF LAND TO BE RELEASED
FROM THE CITY OF SHERTZ ETJ
Being a 4.772 acre, 207,869 square feet more or less, tract out of that called 68.221 acre tract
conveyed to Clifton Engel, in deed recorded in Volume 782, Page 488, of the Official Public
Records of Bexar County, Texas, out of the E. Coy Survey No. 93, Abstract No. 87, of Guadalupe
County, Texas. Said area to be released from the City Schertz ETJ, being more fully described as
follows, with bearings based on the Texas Coordinate System established for the South Central
Zone from the North American Datum of 1983 NAO 83 (NA2011) epoch 2010.00:
BEGIN NJ NG: At a found Yz" iron rod at the south corner of said 68.221 acre tract, also being
the northwest corner of Tract 6, conveyed to Weston Ranch Foundation in deed
recorded in Volume 2338, Page 451, of said Official Public Records;
THENCE: N 26°50'36" W, along and with the so uthwest line of said called 68.221 acre tract,
a distance of 1045.22 feet to a found Yi iron rod at the northwest corner of said
called 68.221 acre tract, on an east line of said Tract 6, at the southwest corner of
a 94.326 acre tract, conveyed to Reno Engel in deed reco rded in Document No.
2017027460 of said Official Public Records;
THENCE: N 58°55'14" E, along and with the northwest line of said called 68.221 acre tract,
same being the southeast line of said 94.326 acre tract, a distance of 353.47 feet
to a point for the north corner of the herein described tract;
THENCE: Across said 68.213 acre tract, along a non-tangent curve to the left, having a radius
of 2,686.12 feet, a central angle of 23°21'07", chord bea r ing and distance of
S14°37'25"E, 1087.21 feet an arc length of 1094.77 feet to a point for the east
corner of sa id 68.213 acres on the northwest line of said Tract 6;
THENCE: S 59°04'00" W, along and with the southeast line of said called 68.221 acre tract
and northwest line of said Tract 6, a distance of 122.70 feet to POINT OF
BEGINNING and containing 4.772 acres in Guadalupe County, Texas. Said Tract
being described in conjunction with survey map prepared under job number
30046-00 by Pape-Dawson Engineers, Inc.
PR EPARED BY: Pape-Dawson Engineers, Inc.
DATE: January, 2023
JOB NO. 30046-00
DOC. !D. N:\C!VI L\30046-00\Word\30046-00 FN 4.772AC.docx
Transportation I Water Resources I Land Development I surveying I Environmental
telephone: 210-375-9000 address: 2000 NW LOOP 410 SAN ANTONIO, TX 78213 website: PAPE-DAWSON.COM
San Antonio ( Austin 1 Houston I fort Worth I Dallas I New Braunfels Texo s Engineering Firm #470 Texas Surveying Firm 1110028800
·t· ~Q~!)f~~Q~
RESOLUTION NO. 23·R·36
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