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February 24, 2011M�.��T�1�1fC�1��►[I�f1�D -��lx3 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELATING TO THE ANNEXATION OF APPROXIMATELY 431.79 + /- ACRES OF PROPERTY EAST OF FM 1518, SOUTH OF RAF BURNETTE, AND NORTH OF LOWER SEGUIN ROAD, ALL IN BEXAR COUNTY, TEXAS, AS DESCRIBED HEREIN; AUTHORIZING AND DIRECTING THE HOLDING OF PUBLIC HEARINGS FOR THE PROPOSED ANNEXATION, THE PUBLICATION OF NOTICE OF THOSE PUBLIC HEARINGS, PREPARATION BY THE PLANNING DEPARTMENT OF A SERVICE PLAN, GIVING OF A WRITTEN NOTICE OF INTENT TO ANNEX, GIVING OF WRITTEN NOTICE OF THE AVAILABILITY OF A DEVELOPMENT AGREEMENT, THE SUBMISSION OF PRECLEARANCE MATERIALS TO THE DEPARTMENT OF JUSTICE, 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 "Land "); and WHEREAS, the 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 "), including Section 43.052(h)(1) of the Act; and WHEREAS, the City Council of the City finds that (i) the 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 Land be annexed to and made a part of the City; and WHEREAS, the City desires to complete the annexation requirements of the Land in accordance with the timeline attached as Exhibit B (the "Annexation Timeline "); and WHEREAS, the City Council of the City hereby finds that it is in the best interest of the City and the citizens thereof that the City complete the pre - annexation requirements as described herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City hereby authorizes and directs the Planning Department to immediately commence preparation of a service plan for the provision of full municipal services (including water and wastewater services) to the Land in accordance with Section 43.056 of the Act. SECTION 2. The Planning Department is hereby directed to provide all notices required by the Act to each property owner owning property in the Land, each public and private entity which provides services to the Land, and each railroad company, if any, that owns a right -of -way 50382171.1 in the Land. Such notices shall be in substantially the form of Exhibit C attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 3. The Planning Department is hereby directed to provide all notices required by the Act to each school district located in whole or in part in the Land. Such notices shall be in substantially the form of Exhibit D attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 4. The City hereby authorizes and directs that two public hearings for annexation of the Land be conducted in accordance with the Act and within the time periods required by the Act and that notice of the public hearings be published, all in accordance with the Annexation Timeline. Such notices shall be in substantially the form of Exhibit E attached hereto and made a part hereof. The date, time, and location of the second public hearing may be modified at the City Manager's discretion in accordance with the requirements of the Act. SECTION 5. The City Attorney is hereby directed to send letter to each property owner regarding the availability of a development agreement for certain property appraised as agricultural, wildlife management, or timber use. SECTION 6. The City Attorney is hereby directed to make all necessary filings under the Federal Voting Rights Act incident to the proposed annexation of the Land. SECTION 7. 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 8. 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 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder- of this page intentionally left blank.] 50382171,1 2 �•�� $tea - � -3i-; z,�.F �Y� A Q IM `w z Q IM `w z 1. �t 9� EXHIBIT A PROPERTY TO BE ANNEXED f4, �r py � z m rn M M I I � 4'i t 50382171.1 A -1 Annexation 1 Metes and Bounds Description 387.45 Acres Field notes describing 387.48 acres of land located in the M.S. Bennett Survey No. 75, Abstract No. 61, Bexar County Block No. 5057: the William Bracken Survey No. 74, Abstract No. 43 Bexar County Block No. 5056; the Julian Diaz Survey No. 66, Abstract No. 187, Bexar County Block No. 5059 and the Jeroinino Leal Survey No. 79, Abstract No. 424, Bexar County Block No. 5058 being a portion of the George Divoroznak 0.596 acre tract in Volume 6763, Page 740, Deed Records, a portion of the remainder of a 1.5 acre tract conveyed to Harry Brotze, Jr. in Volume 5697, Page 871, Deed Records, a portion of the remainder of the 40.057 acre tract conveyed to Croton Properties, LLC in Volume 13568, Page 1934, Official Public Records of Real Property, all of that certain 0.5711 acre tract conveyed to Schertz - Cibolo - Universal City ISD in Volume 14078, Page 718, Official Public Records of Real Property, a portion of that certain 0.782 acre tract conveyed to Schertz- Cibolo- Universal City ISD in Volume 13939, Page 905, Official Public Records of Real Property, a portion of that certain 11.50 acre tract and that certain 1.184 acre tract conveyed to Alton Schneider in Volume 12658, Page 163, Official Public Records of Real Property, a portion of the remainder of that certain 139.903 acre tract conveyed to Croton Properties, LLC in Volume 13568, Page 1934, Official Public Records of Real Property, all of that certain Tract 1 - 2.028 acre tract and that certain Tract 2 - 0.289 acre tract conveyed to Schertz - Cibolo - Universal City, ISD in Volume 14343, Page 1954, Official Public Records of Real Property, all of that certain 0.708 acre tract conveyed to Schertz- Cibolo - Universal City, ISD in Volume 14343, Page 1960, Official Public Records of Real Property, all of that certain 25.01 acre tract conveyed to Schertz - Cibolo- Universal City, ISD in Volume 14298, Page 7, Official Public Records of Real Property, a portion of the remainder of that certain 1:35.06 acre tract conveyed to Milton Friesenhahn in Volunre 7423, Page 621, Deed Records, a portion of that certain Tract 1 - 11.580 acres and Tract 2 - 70.824 acre tract conveyed to Donnie K & Cindy A. Fischer in Volume 13622, Page 2403, Official Public Records of Real Property, a portion of that certain 11.651 acre tract conveyed to Milton Friesenhahn in Volume 5058, Page 182, Official Public Records of Real Property, said 387.48 acres situated in Bexar County, Texas and being more filly described as follows: BEGLNIAI YG at a point on the Western line of the said George Dvorozrrak 0.596 acre tract on the Northeastern line of F.M. 1518, the Northeastern line of the established City of Schertz Ordinance No. 86 -A -15 - 1583.993 acres, elated June 171 1986, the same being the Northwestern comer of the established City of Schertz Ordinance No. 87 -A -07 - 107.63 acres, dated April 4, 1987, for the Southwestern corner of this 387.48 acres; Page 1 of 5038217t.1 A -2 THENCE: N 10'26'547'W - 56.26 feet alone the Northeastern line of F.M. 1518, the Northeastern line of the established City of Schertz Ordinance No. 86 -A -15. the Western line of the said George Dvoroznak 0.596 acre tract to a point fora corner of the Established City of Schertz Ordinance No. 86 -A -15. for a of this 387.48 acres: THENCE. Continuing along the Northeastern line of the established City of Schertz Ordinance No. 86 -A -15, the Northeastern lime of F.M. 1518. the Western line of the said George Dvoroznak 0.596 acre tract, the Southzvestem line of the remainder of the said Harry Brotze, Jr 1.5 acre tract, the Southwestern line of the remainder of the said Croton Properties - 40.067 acre tract, a can e to the left having a Delta angle of 1950'00 ", as Radius of 2904.80 feet, an Arc length of 1005.52 feet and a Chord bearing of 20 °21'54" W - 1000.50 feet to a point fora the Established City of Schertz Ordinance No. 86-A -15, a corner of the said Croton Properties - 40.067 acre tract, for a corner of this 387.48 acres; THENCE: Ni 30'17'147'W - 761.79 feet continuing along the established Northeastern line of the City of Schertz Ordinance No. 86 -A -15 , the Northeastern line of F.M. 1518, the Southwestern line of the remainder of the said Croton Properties - 40.067 acre tract, the South-westem line of the said Schertz - Cibolo- Universal City ISD - 0.5711 acre tract to a point for a corner of the established City of Schertz Ordinance No. 07 -A -33 - 35.874 acres. dated July 24, 2007, a corner of the said Schertz - Cibolo - Universal City ISD - 0.5711 acre tract, for a comer of this 387.48 acres; THEA'CE: Along a line of the said established City of Schertz Ordinance No. 07 -A -33, a line of the said Schertz-Cibolo- Universal City ISD - 0.5711 acre tract, a curve to the right having a Delta angle of 90 °22'20 ", as Radius of 25.00 feet, an Arc length of 39.43 feet and a Chord bearing of N 14'56'55" E - 35.47 feet to a point for a comer of the said City of Schertz Ordinance No. 07 -A -33, a coiner of the said Schertz - Cibolo- Universal City ISD - 0.5711 acre tract, for a corner of this 387.48 acres., THENCE: N 60 °07548" E - 781.37 feet along a lime of the said City of Schertz Ordinance No. 07 -A -33, a live of the said Schertz- Cibolo- Universal City ISD - 0.5711 acre tract to a point for a corner of the said Ordinance No. 07 -A -33, a corner of the said 0.5711 acre tract for a comer of this 357.48 acres, THENCE: Continuing along a line of the said City of Schertz Ordinance No. 07 -A -33, a line of the said Schertz- Cibolo- Universal City ISD - 0.5711 acre tract, a curve to the right having a Delta angle of 89 °37'36 ", a Radius of 25.00 feet, all Arc length of 39.11 feet and a Chord bearing of S 75 °03'04" E - 35.24 feet to a point for a comer of the said Ordinance No. 07 -A -33, a corner of the Lot 1. Block 1 of the Ray D. Corbett. Junior High Subdivision in Volume 9600, Pages 159 -160 of the Deed and Plat Records of Bexar County, Texas, for a comer of this 357.48 acres; Page 2 of 5 50382171.1 A -3 THENCE: S 30`1358"E — 1589.81 feet the Southwestern line of the said established City of Schertz Ordinance No. 07 -A -33, the Southwestern line of the said Lot 1, Block 1 — Ray D. Corbett Junior High Subdivision to a point for the Southernmost corner of the said City of Schertz Ordinance No. 07 -A -33, the Southernmost coiner of the said Ray D. Corbett Junior High Subdivision, the Westernmost corner of the said Alton Schneider — 11.50 acre tract, for a coiner of this 387.48 acres., THENCE: N 56'46'24" E — 919.59 feet along the Southen -i line of the said Ray D. Corbett Junior High Subdivision, the Southern lime of the said City of Schertz Ordinance No. 07 -A -33, the Northern life of the said Alton Scluieider — 11.50 acre tract, a line of the remainder of the said Croton Properties — 139.903 acre tract to a point for the Southeastern corner of said City of Schertz Ordinance No. 07 -A -33, the Southeastern corner of the said Ray D. Corbett Junior High Subdivision a coiner of the said 139.903 acres, for the a coiner of this 387.48 acres: THENCE: N 30'13'58"E — 1618.93 feet along the Northeastern line of the Established City of Schertz Ordinance No, 07 -A -33, a Southwestern line of the remainder of the said Croton Properties — 139.903 acre tract to a point on the Southeastern lure of the Richard W, Castillon Tract 2 — 7.221 acres recorded in Volume 14059, Page 996, the Northwestern corner of the said Schertz- Cibolo- Universal City ISD — 2.028 acres in Volume 14343, Page 1954, the Northeastern corner of the said Ray D. Corbett Junior High Subdivision, the Northeastern corner of the Established City of Schertz Ordinance No. 07 -A -33, for a corner of this 387.48 acres; THENCE: N 60'09538"W — 1340.90 feet along the Northwestern of the said Schertz- Cibolo- Universal City ISD 2.028 acre tract, the Southeastern luxe of the said Richard W. Castillon Tract 2 — 7.221 acres, the Southeastern line of the James W. Herrera 15.755 acre recorded in Volume 8604, Page 176 to a point on the Southwestern line of the Wesley H. Ruinpf remainder of a 14.48 acre tract in Volume 6622, Page 358, the same being the Northeastern cornier of the said Schertz- Cibolo- Universal City ISD — 2.028 acre tract, for a corner of this 387.48 acres; THENCE: S 29 °48'03" E — 80.22 feet along the Northeastern lime of the said Schertz- Cibolo- Universal City ISD 2.028 acre bract, the Southwestern line of the said Wesley H. Rumpf remainder of a14.48 acre tract to a point for the Northwestern corner of the said Schertz- Cibolo- Universal City ISD — 0.708 acre tract in Volume 14343, Page 1960, a corner of the remainder of the said 14.48 acre tract, for a corner of this 387.48 acres; THENCE: Along the Northern line of the said Schertz- Cibolo- Universal City ISD 0.708 acre tract a curve to the right having a Delta angle of 08'14'34 ", a Radius of 430.00 feet, an Arc length of 61.86 feet and a Chord bearing of S 80'49'38" E — 61.81 feet to a point for a cornier of the said Schertz- Cibolo- Universal City ISD — 0.708 acre tract, a corner of Page 3 of; 50382171.1 A -4 the remainder of the said Wesley H. Rumpf 14.43 acre tract, for a comer of this 387.48 acres; THENCE. S 76 °42'20" E -- 63.74 feet continuing along; the Northern Brae of the said Schertz- Cibolo- Universal City ISD 0.745 acre tract, a line of remainder of the said Wesley H. Rumpf 14.45 acre tract to a point for a corner of the said 0.708 acre tract, a corner of the remainder of the said 14.43 acre tract, for a corner of this 337.45 acres; THENCE. Continuing along the Northern line of the said Schertz- Cibolo- Universal City ISD 0.703 acre tract, a line of the remainder of the said Wesley H. Rumpf 14.48 acre tract, a curve to the left having a Delta angle of 40'14 ' 197', a Radios of 370.00 feet, an Arc length of 259.85 feet and a Chord bearing of N 83'10'30" E - 254.54 feet to a point oil the Northv %,esters lime of the said Schertz- Cibolo- Universal City 0.289 acre tract in Volume 14343, Page 1954, for tlae Easternmost corner: of the said Schertz- Cibolo- Universal City ISD 0.708 acre tract, a comer of the remainder of the said Wesley H. Runapf 14.48 acre tract, for a comer of this 387.48 acres; THENCE. N 50 °11'57" E - 110.98 feet along the Southeastern Brae of the said Wesley H. Runip£ remainder of a 14.48 acre tract, the Northwestern line of the said Schertz- Cibolo- Univer•sal City, ISD 0,289 acre tract to a point for the Northeastern corner of the said 0.289 acre tract, the Northwestern conger of the said Schertz- Cibolo- Universal City ISD 25.01 acre tract in Volume 14298, Page 7, for a corner of this 337.48 acres, THENCE: N 49'38'06"E - 1101.19 feet continuing along the Southeastem. line of the said Wesley H. Runapfremainder of the 14.48 acre tract, the Northwestern line of the .said Schertz- Cibolo- Universal City ISD 25.01 acre tract, the Southeastern lure of the remainder of the E.M. Runapf 76.39 acre tract in Volume 5207, Page 332, the Southeastern line of that certain Delbert Petoskey 7.00 acre tract in Volume 2811, Page 1726 to a point for the Southeastern coiner of the said Delbert Petoskey 7.00 acre tract, a comer of the said 25.01 acre tract, for a coriaer of this 387.48 acres; THENCE. N 49 °55'06" E - 1346.19 feet continuing along the Northwestern line of the said Schertz- Cibolo- Universal City ISD 25.01 acre tract, the Northwestern line of the remainder of the said Milton Friesenhalui 135.06 acre tract in Volume 7423, Page 621, tlae Southeastern line of the David Neal Ludwig and Janis Ludwig 79.02 acre tract in Volume 14407, Page 1977 to a point for the Northeastern corder of the remainder of the said 135.06 acre tract, the Northi estem comer of that certain Delrose W. Baunian and Larry W. Baunian 127.7 acre tract in Volume 1249, Page 563, for the Northernmost Northeastern comer of this 387.48 acres: THENCE: S 30 °31'09" E -2297.47 feet along the Northeastern line of the remainder of the Milton Friesenhahn - 135.06 acre tract, the Southwesteni line of the said Delrose W. Bauman and Larry W. Bauman 127.7 acre tract to a point on the Northwestern line of the Page 4 of 5 50382171.1 A -5 said Donnie K. and Cindy A. Fischer- 70.824 acre tract called Tract 2 in Volume 13622, Page 2403 for a comer of the remainder of the said 135.06 acre tract, the Southwestern corner of the said 127.7 acre tract, for a corner of this 387.48 acres; THEATCE: N 59"19'58"E — 892.35 feet along the Southernmost Southeastern line of the said Delrose W. Bauman and Larry W. Bauman 127.7 acre tract, the Northwestern line of the said Donnie K. and Cindy A. Fischer Tract 2 — 70.824 acres, the Northwestern. line of the said Donnie K. and Cindy A. Fischer Tract 1 — 11.680 acres in Volume 13622, Page 2403, the NortliNvestern lime of the said 1rlilton Friesenhahn 11.651 acre tract in Vohrrne 5058, Page 182 to a point for the Southernmost Southeastern corner of the said 127.7 acre tract, the Northeastern corner of the .said Milton Friesenhahn 11.651 acre tract oil the Southwesteni line of the Larry W. and Yvonne Z. Bauman 27.80 acre tract in Volume 11104, Page 11, for the Eastemmost Northeastern comer of this 387.48 acres; THE ,YCE: S 28'56'19" E — 1277.96 feet aloha the Northeastern line of the said Milton Friesenhahn 11.651 acre tract, the Southwestern line of the said Larry W. and Yvonne Z. Barman 27.80 acre tract to a point on the Northwestern line of the Established City of Schertz Ordinance No. 87 -A -7, for a corder of this 387.48 acres, THENCE: S 59 °23'07" W — 3785.20 feet along the Northern, line of the Established City of Schertz Ordinance No. 87 -A -7 to a point for a cosier of the said Ordinance No. 87 -A -7, for a corner of this 387.48 acres; THEI'CE: N 86 °16'53" W — 2740.00 feet along the Northern line of the Established City of Schertz Ordinance No. 87 -A -7 to a point for a corner of the said Ordinance No. 87 -A -7, for a corner of this 387,48 acres: T HEA'CE: S 59 °23'07" W — 954.24 feet continuing along the Northern line of the said City of Schertz Ordinance No. 87 -A -07 to the POLVT OF PEGIA,7 +TANG anti containing 387.48 acres of land. This docunrent rvas prepared under 22TAC 5966 -3.21, does trot refect the results of air on the ground surv'�t, and is not to be used to conve j! or establish interests in real propert , except those rights and interests iniplied or established li;- the creation or reconfiguration of the boundaq of the political subdivision for which it ivas prepared, Page 5 of 5 503821711 A -6 Annexation 2 Metes and Bounds Description 44.31 Acres Field notes describing 44.31 acres of land located in the M.S. Benrnett Sin-Vey No. 75, Abstract No. 61, Bexar County Block No. 5057; being a portion of that certain 24.016 acre tract conveyed to Schertz- Cibolo- Universal City ISD inn Vohunre 13003, Page 1746 of the Official Public Records of Real Property, a portion of that certain 17.429 acre tract called Second Tract conveyed to Milton Friesenlnalui in Volume 2103, Page 825, Official Public Records of Real Property, the remainder of Lot 1, Block 1 of the Friesenhahn Subdivision in Volume 8700, Page 229 of the Deed and Plat Records conveyed to Harold Haecker ill Voltune 12199, Page 432, Official Public Records of Real Property, all of that certain 3.423 acre tract out of Lot 1, Block 1 of the said Friesernhahn Subdivision conveyed to Milton E. Friesenhahn in Volume 12175, Page 2334, Official Public Records of Real Property and all of that certain 5.605 acre tract called Tract 1 conveyed to Milton Friesenliahn ill Volume 2103, Page 825, Official Public Records of Real Property; said 44.31 acres situated inn Bexar County, Texas and being more fully described as follows; BEGINNING at a Point on the Northeastern line of F.M. 1515, the Northeastern line of the established City of Schertz Ordinance No. 86 -A -15 — 1583.993 acres, dated June 17, 1986, the same being the Northwestern comer of the established City of Schertz Ordinance No. 07 -A -33 — 35.874 acres, dated July 24, 2007, the Northwestern comer of the Lot 1, Block 1, Ray D. Corbett Junior High Subdivision recorded in Volume 9600, Page 159 -160 of the Deed and Plat Records of Bexar County, Texas, and the Southwestern corner of the said Milton Friesenhahn — Tract i — 5.605 acres, for the Southwestern comer of this 44.31 acres; THENCE: N 30'1654" W — 123.22 feet along the Northeastern line of F.M. 1518, the Northeastern line of the Established City of Schertz Ordinance No. 86 -A -15, the Southwestern line of the said Milton Friesernlialrn Tract 1 -- 5.605 acres to a point for a comer of the said 5.605 acre tract, a coiner of F.M. 1518, a corner of the Established City of Schertz Ordinance No, 86 -A -15, for a corner of this 44.31 acres; THENCE: Continuing along the Northeastern line of F.M. 151 S, the Northeastern line of the Established City of Schertz Ordinance No. 86 -A -15, the Southwestern line of the said Milton Friesernhalnn Tract 1 — 5.605 acres, a Curare to the left having a Delta angle of 02 °15'00 ", a Radius of 5769.58 feet, an Arc length of 226.57 feet and a Chord bearing of N 31024'24" W — 226.56 feet to a point for corner of the Established City of Schertz Ordinance No. 86 -A -15, a corner of F.M. 1518, the Southwestern corner of the said Milton Friesenhahn Second Tract — 17.429 acres, for a corner of this 44.31 acres; Page 1 of 4 50382171.1 A -7 THEtVCE: N 32°31'54" W — 108.40 feet continuing along the Northeastern line of F.M. 1518, the Northeastern line of the Established City of Schertz Ordinance No. 86 -A -15, the Southwestern line of the said Milton Frieseiiliahn Second Tract — 17.429 acres, to a point on the Southern line of the Established City of Schertz Ordinance No. 85 -A -20, for a comer of this 44.31 acres; THENCE: N 57 °28'06" E— 210.00 feet along the Southern line of the Established City of Schertz Ordinance No. 85 -A -20, across the said Milton Friesenhalin Second Tract — 17.429 acres, to a point for the Southeastern comer of the Established City of Schertz Ordinance No. 85 -A -20, for a corner of this 44.31 acres; THENCE: N 32 °31'54" W — 184.16 feet along the Northeastern line of the Established City of Schertz Ordinance No. 85 -A -20, across the said Milton Friesenliahn Second Tract — 17.429 acres to a point for a corner of the Established City of Schertz Ordinance No. 85 -A- 20, for a corner of this 44.31 acres; THENCE: Continuing along the Northeastern line of the Established City of Schertz Ordinance No. 85 -A -20, across the said Milton Friesenhalui Second Tract — 17.429 acres, a curve to the right having a Delta angle of 02° 19'00 ", a Radius of 5479.66 feet, an Are length of 221.56 feet and a Chord bearing of N 31 °22'24" W --- 221.55 feet to a point for a courier of the Established City of Schertz Ordinance No. 85 -A -20, for a coiner of this 44.31 acres; THENCE: N 30'12'54" W — 1039.89 feet continuing along the Northeastern line of the Established City of Schertz Ordinance No. 85 -A -20, across the said Milton Friesenirahn Second Tract — 17.429 acres, across the said Schertz- Cibolo- Universal Cite ISD 24.016 acre tract to a point on the Northwestern line of the said Schertz- Cibolo- Universal City ISD 24.016 acre tract, the Southeaster line of that certain Bennie & Mattie M. Byley — 1.494 acre tract in Volume 1454, Page 143, for the Northwestern corner of this 44.31 acres; THENCE: N 61 °29'51" E — 200.49 feet along the Northwestem lure of the said Schertz - Cibolo- Universal City ISD 24.016 acre tract, the Southeastem line of the said Bennie & Mattie M. Byley — 1.494 acre tract, a Southeastern line of the remainder of that certain 2.7865 acre tract conveyed to Bennie R. & Mattie M. Byley hi Volume 7397, Page 978 to a point for a corner of the remainder of the said 2.7865 acre tract, for a comer of this 44.31 acres; THEtVCE: S 30 °5648" E — 153.27 feet along a line of the said Schertz- Cibolo- Universal City ISD — 24.016 acre tract, a line of the said Bennie R. & Mattie M. Byley remainder of a 2.7865 acre tract to a point for a comer of the said 24.016 acre tract, a courier of the remainder of the said 2.7865 acre tract, for a coiner of this 44.31 acres; Page 2 of 4 50382171.1 A -8 THENCE: N 60 °40'38" E — 264.83 feet along a Northwestenn line of the said Schertz- Cibolo- Universal City ISD --- 24.016 acre tract, the ;Southeastern line of the said Bennie R. & Mattie M. Byley remainder of a 2.7865 acre tract, the Southeaster line of that certain 1.184 acre tract conveyed to David T. Hawkins in Volume 14133, Page 717 to a point for a coiner of the said 1.184 acre tract, a corner of the said 24.016 acre tract, for a confer of this 44.31 acres; THENCE: N 31 005'55" W— 9.43 feet along a line of the said David T. Hawkins— 1.184 acre tract, a line of the said Schertz- Cibolo- Universal City ISD — 24.016 acre tract to a point for a comer of the said 1.184 acre tract, a corner of the said 24.016 acre tract, for a corner of this 44.31 acres; THENCE: N 61'24'33"E —267.05 feet along a Northwestenn line of the said Schertz- Cibolo- Universal City ISD — 24.016 acre tract, the Southeaster line of the said David T. Hawkins — 1.184- acre tract, tine Southeaster line of that certain 0.287 acre tract conveyed to Ricky Flores in Volume 12200, Page 1526, the Southeaster lure of that certain 0.289 acre tract conveyed to Jesse Flores in Volume 2283, Page 933, the Southeastern lime of that certain 0.608 acre tract conveyed to Hennelinda A. Licona in Volume 5279, Page 1336 to a point for the Southeaster corner of the said 0.608 acre tract, the Southwester confer of that certain 0.612 acre tract conveyed to Raquel & Arturo Cazrasco in Volume 7663, Page 862, for a comer of this 44.31 acres; THENCE: N 61'07'50" E -.. 297.40 feet continuing along a Northwestel n line of the said Schertz- Cibolo- Universal City ISD — 24.016 acre tract, the Southeastern line of the said Raquel &. Arturo Carrasco — 0.612 acre tract, the Southeastern line of that certain: 0.616 acre tract conveyed to Rosallnda Acuna in Volume 7663, Page 850, the Southeastern line of that certain 1.16 acre tract conveyed to Irene F. Acuna in Vohunie 8575, Page 327 to a point for the Southeastern corner of the said 1.16 acre tract, the Northeastenr corner of the 24.016 acre tract, for the Northeastern comer of this 44.31 acres; THENCE: S 30'17'01" E — 1750.80 feet along the Northeastern line of said Schertz — Cibolo — Universal City ISD — 24.016 acre tract, the Northeastern line of the said Milton Friesenhah n Second Tract — 17.429 acres, the Northeastern line of the said Milton Friesenhalnn 3.423 acre tract, the Northeastern line of the said Milton Friesenhalnn Tract 1 — 5.605 acres, the Southwestern line of Lot 6 of the Bluebonnet Slivas Subdivision conveyed to Roberto M. and Antonia Maldonado recorded in Volume 7512, Page 1765, the Southwestern line of that certain 1.105 acne tract conveyed to Victor Leong Fong inn Volume 8241, Page 1189, the Southwestem line of the remainder of a 1.017 acre tract conveyed to Narcedalia & Juan Francisco Navarro ill Volume 12200, Page 1526, the Southwester line of the remainder of a 1.017 acre tract conveyed to Yolanda & Juan Casteneda in Vohmne 12640, Page 957, the Southwester line of that certain 1.039 acre tract conveyed to Roberta & Carleton J. Brown in Volume 12515, Page 1195, the Southwestern line of that certain 1.065 acre tract conveyed to Joel D. Newlon in Volume Pa -Re 3 of 4 5 0382171.1 A -9 9208, Page 981, the Southwestern life of that certain 0.991 acre tract conveyed to Tammy L. & Thomas Silakowski in Volume 5707, Page 1832, the Southwestern line of that certain 1.013 acre tract conveyed to Thomas Silakowski in Volume 12352, Page 777, the Southwestem line of that certain 1.216 acre tract conveyed to Thomas Silakowski in Voltune 13901, Page 2479, the Southwestern line of that certain 1.216 acre tract conveyed to Rutilio Lozano & Maria Elena Gonzalez de Lozano in Volume 13895, Page 2433, and the Southwestern line of that certain 2.832 acre tract conveyed to Anthony & Alny Filla in Volume 14061, Page 1397 to a point for the Southwestern corner of the said Anthony & Army Filla — 2.832 acre tract, the Southeaste171 corner of the said Milton Friesenhalm Tract 1 — 5.605 acres on the Northwestern line of the Established City of Schertz Ordinance No 07 -A -33, the Northwestern line of the said Ray D. Corbett Junior High Subdivision, for the Southeastern corner of this 44.31 acres; THENCE: S 60 °47'49" W — 1222.07 feet along the Northwestern line of the Established City of Schertz Ordinance No. 07 -A -33, the NordiNvestern line of the said Ray D. Corbett Junior High Subdivision, the Southeastem line of the said Milton Friesenllahn Tract 1 — 5.605 acres to the POl1N'T OF BEGlAWLYG and containing 44.31 acres of land. This document was prepared raider 22TAC §663.27, does not reflect the results of all arr the ground survt v, and is not to be used to convey or establish interests ill real property except those rights and interests implied or establisher) by the creation or reconji'guration of the boundary of the political subdivision for which it was prepared. Page 4 of 4 50382171.1 A -10 IW4as11I'llVdI'll ANNEXATION TIMELINE January 18, 2011 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the PIanning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; (4) publication of notices of hearings for the annexation; and (5) the delivery of letters to owners regarding possible development agreements January 19, 2011 Planning Department begins preparation of proposed service plan for Annexation Area January 27, 2011 City Secretary sends notices of public hearings to Commercial Recorder February 4, 2011 Planning Department gives written notice of the City's intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company's right -of -way is in the area proposed for annexation' City Attorney sends letters regarding development agreements to owners in the area February 24, 2011 Planning Department finalizes service plan for area proposed for annexation Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation Publish notice of both public hearings in newspaper; post notice of both public hearings on City's internet website (Note: Notice on website must remain posted through hearing date .)2 March S, 2011 First public hearing at City Council meeting March 15, 2011 Second public hearing at City Council meeting (location may be required to change 3) March 17, 2011 City Attorney receives responses to letters regarding development agreements April 5, 2011 First City Council consideration of annexation ordinance' April 12, 2011 Second City Council consideration of annexation ordinance; annexation is final City Attorney completes and records development agreements April 13, 2011 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk's office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice ' Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. 50382171.1 B -1 EXHIBIT C NOTICE OF INTENT TO ANNEX PLEASE TAKE NOTICE that the City Council of the City of Schertz (the "City ") intends to annex the following property: Approximately 431.79 + /- acres of property east of FM 1518, south of RAF Burnette, and north of Lower Seguin Road, all in Bexar County, Texas, as shown on the attached map. Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50382171.1 C -1 / \� }} ƒ �� \� I �\ k/ mm too ZZ \% �^ 50382171.1 C-2 Iq EXHIBIT D [City of Schertz letterhead] February 24, 2011 Re: Notice of Intent to Annex (approximately 429± Acre Tract) Superintendent Schertz - Cibolo- Universal City Independent School District Please take notice that the City Council of the City of Schertz (the "City ") intends to annex the following property, a portion of which is within your District: Approximately 431.79 + /- acres of property east of FM 1518, south of RAF Burnette, and north of Lower Seguin Road, all in Bexar County, Texas, as shown on the attached map. The City is unaware of any financial impact on your District resulting from the proposed annexation, including any changes in utility costs. Please address any questions you have concerning the proposed annexation to my attention. Very truly yours, Don E. Taylor City Manager, City of Schertz 5 0382171.1 D-1 �� j (| \ \ � A� z K z M Z ~ �7 \\g m m w W I a 50382171A D-2 EXHIBIT E NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act "), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City ") will hold a public hearing on March 8, 2011 at 6:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land "): Approximately 431.79 + /- acres of property cast of FM 1518, south of RAF Burnette, and north of Lower Seguin Road, all in Bexar County, Texas, as shown on the attached map. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50382171.1 E -1 NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act "), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City ") will hold a public hearing on March 15, 2011 at 6;00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land "): Approximately 431.79 + /- acres of property east of FM 1518, south of RAF Burnette, and north of Lower Seguin Road, all in Bexar County, Texas, as shown on the attached map. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50382171.1 E -2