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2007A34 Annexation 194. 56 acres-Eckhardt/Forboese RoadORDINANCE NO. 07-A-34 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 194.56 ACRES LOCATED AT THE SOUTHWEST CORNER OF ECKHARDT ROAD AND FROBOESE ROAD; AND RELATED MATTERS WHEREAS, the City Council of the City of Schertz (the "City") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed Land"); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"); and WHEREAS, the City has complied with all requirements of the Act relating to annexation of the Annexed Land; and WHEREAS, the City Council of the City finds that (i) the Annexed Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz hereby annexes the Annexed Land described in Exhibit A. SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective August 1, 2007, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City. SECTION 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and shall be bound by the acts, ordinances, resolutions, and regulations of the City. SECTION 4. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. The remainder of this page intentionally left blank) 20200143.1 Rolling Hills Ranch PASSED AND APPROVED on first reading the 24t" day of July, 2007 PASSED AND FINALLY APPROVED on second and final reading the 31st day of July, 2007. ATTEST: C' Secret y [CITY SEAL] 20200143.1 S_] Rolling Hills Ranch EXHIBIT A Approximately 194.56 acres located at the southwest corner of Eckhardt Road and Froboese Road, further described by metes and bounds as follows: 194.56 Acre Tract (8,475,033.6 sq. ft.) BEGINNING at a one half inch steel pin found on the Southeast line of Froboese Road (County Road 376D) for a corner of this tract same being the north corner of a 49.4 acre tract as described in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband Eugene Froboese, recorded in Volume 338, Pages 6-8 of the Deed Records of Guadalupe County, Texas. Said point also being the west corner of a 3.164 acre tract. THENCE with the northeast line of this tract, South 24° 42' 28" East, a distance of 208.79 feet to a one half inch steel pin found for the south corner of the aforesaid 3.164 acre tract and being the west corner of a 5.00 as described in a to Jo Ann Brumfield, recorded in Volume 1050, Page 448 of the Official Public Records of Guadalupe County, Texas. THENCE continuing with the northeast line of this tract, South 24° 53' 11" East, a distance of 330.25 feet to a one half inch steel pin found for the south corner of the aforesaid 5.00 acre tract. THENCE with the southeast line of the aforesaid 5.00 acre tract, North 64° 28' 13" East, a distance of 660.12 feet to a one half inch steel pin found for a corner of this tract and being on the southwest line of a called 10.00 acre tract. THENCE with the southwest line of said 10.00 acre tract, South 24° 57' 42" East, a distance of 250.59 feet to a one half inch steel pin found for a corner of this tract and being the south corner of the aforesaid 10.00 acre tract. THENCE with the southeast line of said 10.00 acre tract, North 64° 21' 41" East, a distance of 552.60 feet to a one half inch steel pin found for the south corner of a 10.00 acre tract as described in a deed to Michael Alton Brumfeld, recorded in Volume 1262, Page 233 of the Official Records of Guadalupe County, Texas. THENCE with the southeast line of Michael Brumfield's 10.00 acres, North 64° 17' 41" East, a distance of 554.57 feet to a one half inch steel pin found for a the east corner of the aforesaid 10.00 acre tract and being on the southwest line of a 60.80 acre tract as described in a deed to Iola Deanna Smith, recorded in Volume 1077, Page 69 of the Official Public Records of Guadalupe County, Texas. THENCE with the southwest line of said 60.80 acre tract, North 25° 09' 47" West, a distance of 787.29 feet to a one half inch steel pin found on the southeast right-of--way line of Froboese Road (County Road 376D). THENCE along the southeast right-of--way line of Froboese Road, North 64° 27' 49" East, a distance of 1100.56 feet to a one half inch steel pin found for the north corner of the said 60.80 acre tract. THENCE with the northeast line of said 60.80 acre tract the following three calls; South 24° 35' 18" East, a distance of 915.17 feet to a one half inch steel pin found; North 54° 13' 09" East, a distance of 1024.08 feet to a one half inch steel pin found and South 24° 42' S7" East, a distance of 968.40 feet to a 20200143.1 A-1 Rolling Hills Ranch CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED A 194.56 acre tract of land out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas and out of the Carrol M. Gahogan., Jr. Survey Number 25, Abstract Number 142, Guadalupe County, Texas located at the southwest corner of Eckhardt Road and Froboese Road. See Exhibit A, "Metes and Bounds Description", attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the city. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS The city will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1 /2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is.extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Govemment Code Section 43.0561. Exhibit A Metes and Bounds Description 194.56 ACRES Field notes fora 194.56 acre tract of land out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas and out of the Carrol M. Gahogan., Jr. Survey Number 25, Abstract Number 142, Guadalupe County, Texas. Said 194.56 acre tract of land being comprised of the following tracts: Tract I being described as a 49.4 acre tract in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband Eugene Froboese, recorded in Volume 338, Pages 6-8 of the Deed Records of Guadalupe County, Texas; Tract II being a 10.133 acre tract as described in a deed to Erick James Roberson; Tract III being 47.70 acre of land out of a called 60.80 acre tract as described in a deed to James W. Roberson, Jr. recorded in Volume 1077, Page 65 of the Official Public Records of Guadalupe County, Texas; Tract IV being 35.80 acres of land in a deed to Sherie Lee Brumfield Waters and Michael Alton Brumfield, recorded in Volume 1265, Page 176 of the Official Public Records of Guadalupe County, Texas. And Tract V being a 60.80 acre tract of land as described in a deed to Iola Deanna Smith, recorded in Volume 1077, Page 69 of the Official Public Records of Guadalupe County, Texas. Said 194.56 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a one half inch steel pin found on the Southeast line of Froboese Road (County Road 376D) for a comer of this tract same being the north corner of a 49.4 acre tract as described in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband Eugene Froboese, recorded in Volume 338, Pages 6-8 of the Deed Records of Guadalupe County, Texas. Said point also being the west corner of a 3.164 acre tract. THENCE with the northeast line of this tract, South 24° 42' 28" East, a distance of 208.79 feet to a one half inch steel pin found for the south comer of the aforesaid 3.164 acre tract and being the west corner of a 5.00 as described in a to Jo Ann Brumfield, recorded in Volume 1050, Page 448 of the Official Public Records of Guadalupe County, Texas. THENCE continuing with the northeast line of this tract, South 24° 53' 11" East, a distance of 330.25 feet to a one half inch steel pin found for the south corner of the aforesaid 5.00 acre tract. THENCE with the southeast line of the aforesaid 5.00 acre tract, North 64° 28' 13" East, a distance of 660.12 feet to a one half inch steel pin found for a corner of this tract and being on the southwest line of a called 10.00 acre tract. THENCE with the southwest line of said 10.00 acre tract, South 24° 57' 42" East, a distance of 250.59 feet to a one half inch steel pin found for a comer of this tract and being the south comer of the aforesaid 10.00 acre tract. THENCE with the southeast line of said 10.00 acre tract, North 64° 21' 41" East, a distance of 552.60 feet to a one half inch steel pin found for the south comer of a 10.00 acre tract as described in a deed to Michael Alton Brumfeld, recorded in Volume 1262, Page 233 of the Official Records of Guadalupe County, Texas. THENCE with the southeast line of Michael Brumfield's 10.00 acres, North 64° 17' 41" East, a distance of 554.57 feet to a one half inch steel pin found for a the east corner of the aforesaid 10.00 acre tract and being on the southwest line of a 60.80 acre tract as described in a deed to Iola Deanna Smith, recorded in Volume 1077, Page 69 of the Official Public Records of Guadalupe County, Texas. THENCE with the southwest line of said 60.80 acre tract, North 25° 09' 47" West, a distance of 787.29 feet to a one half inch steel pin found on the southeast right-of-way line of Froboese Road (County Road 376D). THENCE along the southeast right-of-way line of Froboese Road, North 64° 27' 49" East, a distance of 1100.56 feet to a one half inch steel pin found for the north corner of the said 60.80 acre tract. THENCE with the northeast line of said 60.80 acre tract the following three calls; South 24° 35' 18" East, a distance of 915.17 feet to a one half inch steel pin found; North 54° 13' 09" East, a distance of 1024.08 feet to a one half inch steel pin found and South 24° 42' 57" East, a distance of 968.40 feet to a one half inch steel pin found for the east corner of this tract and being the east comer of the 60.80 acre tract. THENCE with the southeast line of the 60.80 acre tract, South 66° 50' 26" West, a distance of 2092.08 feet to a one half inch steel pin found for the west corner of a 50.80 acre tract as described in a deed recorded in Volume 1064, Page 115 of the Deed Records of Guadalupe County, Texas. THENCE with the southwest line of the 50.80 acre tract, South 25° 21' 48" East, a distance of 1392.88 feet to a one half inch steel pin found for the southern most east corner of this tract. THENCE with the southeast line of this tract, South 60° 18' 11" West, a distance of 92.39 feet to a one half inch steel pin found and South 60° 31' 52" West, a distance of 565.99 feet to a one half inch steel pin found for the south corner of a 10.133 acre tract. THENCE with the southwest line of the 10.133 acre tract, North 29° 27' 40" West, a distance of 489.45 feet to a one half inch steel pin set. THENCE with the southeast line of this tract, South 60° 36' 24" West, a distance of 1087.88 feet to a one half inch steel pin set on the west line of a 60.80 acre tract. THENCE with the southwest line of the 60.80 acre tract, North 25° 04' 06" West, a distance of 441.04 feet to a one half inch steel pin set and North 25° 05' 20" West, a distance of 625.48 feet to a one half inch steel pin found for the east corner of the aforesaid 49.4 acre tract. THENCE with the southeast line of the 49.4 acre tract, South 64° 05' 47" West, a distance of 1364.14 feet to a fence corner post for the southwest comer of this tract. THENCE with the southwest line of this tract and being on the northeast line of Eckhardt Road, North 25° 29' 19" West, a distance of 1562.62 to a fence corner post and North 31 ° 47' 56" East, a distance of 25.80 feet to a fence comer post and North 64° 19' S0" East, a distance of 1360.11 feet to the point of BEGINNING.