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2008S36-Zoning PUB ORDINANCE NO. 08-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 52.39ll:: ACRES OF LAND OUT OF THE F. RODRIGUEZ SURVEY NO. 99, ABSTRACT 484 CITY OF SCHERTZ, COMAL COUNTY, TEXAS FROM MANUFACTURINGLIGHT DISTRICT (M-l) TO PUBLIC USE DISTRICT (PUB); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SERV ABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: UDC Ordinance No. 96-S-28 ofthe City of Schertz, Texas is hereby amended in the following manner. SECTION I "Establishing permanent zoning for a 52.391:1: acre tract being situated out of the F. Rodriguez Survey No. 99, Abstract No. 484, Comal County, Schertz Texas, more particularly described in the Field Notes and Map, as attached hereto as Exhibit A, of Public Use District (PUB)" SECTION II Creating development standards applicable to this property as established in the attached "Exhibit A". SECTION III The Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION IV 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or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION V Attachemnt 2A-ORD-ZC2008-007 John Paul II Catholic HS [M I to PUB].doc This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the 22nd day of July, 2008. PASSED, APPROVED AND ADOPTED the 5th day of August, 2008. Mayor, City of Schertz, Texas ATTEST: (SEAL OF THE CITY) Attachemnt 2A-ORD-ZC2008-007 John Paul II Catholic HS [M I to PUB].doc ~ """ . , ~ '. Denham-Ramones Engineering and Associates, Inc. Field Notes For 52.391 Acre Tract 52.391 acre tract ofland, situated in Coma! County. Texas, and being out of the F. Rodriguez Survey No. 99. Abstract No. 484, and being out of 130.5 acre tract of land described in the deed recorded in Volume 59. Pages 122-124 of the Deed Records of Coma I County, Texas, said 52.391 acre tract being more particularly described by metes and bounds as follows: BEGINNING a W' rebar found at the south corner of a called 65.449 acre tract recorded in Volume 573, Page 626 of the Deed Records of Coma I County; THENCE N 29032'01" W. with the northeast line of said 65.449 acre tract, for a distance of 1242.59 feet to a found Yz" rebar at the easternmost north corner of said tract, and also being the east comer of a 2.00 acre tract described in a deed recorded in Volume 257, Page 622 of the Deed Records of Cornal County; . THENCE N 26032'23" W, with the northeast line of said 2.00 acre tract, for a distance of293.95 feet to a set Y:z" rebar with a Denham-Ramones Engineering, Inc. plastic cap on the southeast right-of-way line ofthe MK&T RR. (100' ROW - now Union Pacitic), a found Y2" rebar bears N 26032'23' W - 1.35 feet; THENCE N 68054'28" E, with said railroad right-of-way, for a distance of 1570.26 feet to a set W' rebar with Denham-Ramones Engineering plastic cap at the north comer of this description on the southwest right-of-way line of Friesenhahn Lane, a county road; THENCE with said Friesenhahn Lane right-of-way for the following three (3) courses: S 30004'32" E for a distance of 1262.11 feet to a set Yz" rebar with a Denham-Ramones Engineering, Inc. plastic cap; S 21007"32'" E for a distance of52.75 feet to a set Y2" rebar with a Denham-Ramones Engineering, Inc. plastic cap; S 07015'28" W for a distance of 19.44 feet to a tound ~"rebar; THENCE S 60008'28" W, "",ith the southeast line of this tact, pass at 204.94 feet the north corner of the 48.625 acre tract described in the deed recorded in Doc. No. 200106013379, continue on for a total distance of 1589.49 feet to a found Yz" rebar at the south corner of this description: a found 24" Oak tree bears N 600 W - 1.3 feet; THENCE N 44031 '57'" W for a distance of 33.19 feet to a 60d nail found at an angle point in the north lines of the above mentioned 48.625 acre tract: THENCE N 58042"43" E for a distance of36.89 feet to the POINT of BEGINNING, and containing 52.391 acres ofland. more or less. . Bearings are based on NAD 83 Texas State Plane Coordinate System - South Central Zone referenced as N 29032'01" W between W'rebars found at each end of the first call above described. 11:\I.and Projects J\lloffman-Moms\."urvcy..:vt&B Ilotlill11n- Moms.doc "age I of2 12961 Park Central, Suite 1390 Office 210.495.3100 San Antonio, TX 78216 Fax 210.495.3122 , ~ . "-' - -.. ... , 1 h~reby ~fy thatthis description confonns to ~he mirtimum standards set forth by the Texas Board ofPi"()fessional Land Surveying according to an actualsul'Vey made on the ground by employees of "Denham-Ramones Engineering and Associates, Inc.." Date: ~ ItJ,. "&09 , ~lJ~ Gary B. Neill . R,P .L.S. #3964 Wamin~: Only those cQJJi~ with Ihe Sigllatu/'e and Seal in red should be relied upon. The.r-e isa plat with same project number and date to accompany this description. Hoffman-Morris. Tract Project Number; 08005.0.700 c' 1-1:\Land ProjCCL~ 3\Holfman-Morri,iSlIrvlly\M&B Homnul1- MorriS.delc Page. 2 uf1 ^' - .....:...-.....,. ...~.'...'f<:v:-. ~., ,-' j : .~::.; .... ...... ". :.."I!f. ,_. . ~'N" ~""~~.'"