HomeMy WebLinkAboutORD 2007-39 - Lively Tract ETJAn Ordinance of the City Council of the City Of Georgetown, Texas, Accepting
Approximately 434.3 (+/-) Acres of Land Located in Williamson County, Texas,
and Consisting of that Certain 30 -Foot Wide Strip of Land Described as "First
Tract" and the Approximately 390.64 Acres Described as the "Second Tract" in the
Deed from Don H. Lively, et. ux to Don H. Lively Family Partnership, Ltd.
Recorded Under Document No. 19990719, in the Official Records of Williamson
County, Texas in the A.H. Porter Survey, A-490, the Greenlief Fisk Survey, A-5,
and the B. Manlove Survey, A-420, Williamson County, Texas, and Being More
Specifically Described by Metes and Bounds in Exhibit A and by Diagram on
Exhibit B, which are Attached to and Made Part of this Ordinance, into the
Extraterritorial Jurisdiction of the City of Georgetown; Providing a Severability
Clause; and Providing an Effective Date.
WHEREAS, by Petition dated May 2, 2007, the City of Georgetown received a request from
the Donald H. Lively Family Partnership, Ltd., a Texas family limited partnership, by and through
its General Partner, Lodo International Cattle Company, Inc., a Texas corporation, by Donald H.
Lively, its President, being the owner of the following described real property, to have such
property voluntarily included within the City's Extraterritorial Jurisdiction ("ETJ"):
Approximately 434.3 (+/-) Acres of Land Located in Williamson County, Texas, and
Consisting of that Certain 30 -Foot Wide Strip of Land Described as "First Tract" and
the Approximately 390.64 Acres Described as the "Second Tract" in the Deed from
Don H. Lively, et. ux to Don H. Lively Family Partnership, Ltd. Recorded Under
Document No. 19990719, in the Official Records of Williamson County, Texas in the
A.H. Porter Survey, A-490, the Greenlief Fisk Survey, A-5, and the B. Manlove
Survey, A-420, Williamson County, Texas, and Being More Specifically Described by
Metes and Bounds in Exhibit A and by Diagram on Exhibit B, which are attached
hereto and made a part of this Ordinance for all purposes as if set forth in full ("the
Land"):
WHEREAS said Land is currently contiguous to the City of Georgetown's existing ETJ; and
WHEREAS, Section 42.022 of the Texas Local Government Code allows for properties that
are contiguous to the ETJ of a City to voluntarily be included into the City's ETJ upon request of the
property owner and acceptance by the City;
Ordinance . 01 0
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following Policy Statements of the Century Plan - Policy Plan Element:
A. Policy Statement 2.0: The community enjoys the benefits of well-planned land use
in which conflicting needs are balanced.
B. Policy Statement 2.0: Georgetown's natural and physical resources are managed so
that citizens enjoy the benefits of economic and social development.
C. Policy Statement8.0: Parks, open space, recreation facilities and services, and social
and cultural activities contribute to an enhanced quality of life for the citizens of
Georgetown.
The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict
with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of
the Policy Plan.
SECTION 2. The City Council of the City of Georgetown hereby accepts into the City of
Georgetown's Extraterritorial Jurisdiction (ETJ), for all purposes, the approximately 434.3 acres (+/-)
of land that is described by metes and bounds on Exhibit A, and shown by diagram on Exhibit B,
both of which exhibits are attached hereto and incorporated herein by reference for all purposes as
if set forth in full, and said Land is hereby declared to be part of and within the City of
Georgetown's ETJ.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest.
SECTION
5:
This ordinance
shall become
effective and be in full force and effect in
accordance with the
provisions of the
Charter of the
City of Georgetown
Ordinance No. 4007� 45?
Lively Tract ETJ Voluntary Inclusion
Page 2 of 3
Passed and Approved on First Reading on the 15th day of May, 2007.
Passed and Approved on Second Reading on the 12th day of June, 2007,
Attest: The
Sandra D. Lee By: Ga
City Secretary Mayor
App ved as to Form:
Patricia E. Carls, City Attorney
Brown & Carls, LLP
Ordinance
Lively Tract ETJ Voluntary Inclusion
Page 3 of
Exhibit A
METES AND BOUNDS DESCRIPTION
OF 434.3 ACRES OF LAND
IN THE Ae I . PORTER SURVEY, A490
GREENLIEF FISK SURVEY, A-5
Be
$' Mg g. X4 4 ' SURVEY
ryA+�-,+4�2' 0g
All that certain 434.3 acres of land, which is the 30' strip of land described as First Traci in the deed from Don:
H. Lively, et ux to Don H. Lively Family Partnership, Ltd, recorded under Document No. 99017191 in the
Official Records of Williamson County, Texas and out of the 437.64 acre tract described as Second Tract in
the deed from Don H. Lively, et ux to Don H. Lively Family Partnership, Ltd. recorded under Document No,
99017197 in the Official Records of Williamson County, Texas, in the A. FI, Porter Survey, A.-490, the
Greenlief Fisk Survey, A-5, and the B. Manlove Survey, A-4.20, Williamson County, Texas, and more
particularly described by metes and bounds as follows: (All bearings are based on the Texas State Plane
Coordinate System, Central Zone)
BEGINNING at a 1/2" iron rod found for the northeast corner of Lot 7, Gabriels Overlook — Section One,
according to the plat thereof recorded under Cabinet S, Slides 218-229, in the Flat ,records of Williamson
County, Texas, common to an angle corner of Lot 6, of said Gabriels Overlook — Section One and the most
westerly northwest corner of the herein described tract;
THENCE North 85'0l'.38" East— 538.07', along a south line of said Gabriels Outlook— Section One, to a
1/2' iron rod fount for an angle corner ofs aid Gabriels Outlook— Section One, common to an angle corner of
the herein described tract;
THENCE North 82°14'31" Fast — 68.165, continuing along said south line, to a I/2° iron rod found for floe
most easterly southeast corner of said Gab Outlook -- Section One, common to the southwest corner of the
48.567 acre tract described as Tract B in the deed from Charles Maund and :Helen E. Maund to Charles Maund
and Douglas Maund recorded under Volume 908, Page 2031 in the Official Records of Williamson County,
Texas, and an angle corner of the herein: described tract;
THENCE along the south line of said 48.567 acre tract the following three (3) courses and distances:
1. :North 82°22' 15" East —44.93' to a 1/2" iron rod set for an angle corner of the herein described tract;
2. North 82° 14' 15" Fast 348.32' to a 112" iron rod set for an angle corner ofthe herein described tract;
3. North 83°06' 15" East — 1225.36' to a 1/2" iron rod set for an angle corner of the herein described
tract, in the west line of aforesaid 30' strip of land;
THENCE North 21°53'3 7" Wes` —1262.38', along, the west line of said 30' strip of land, to a 1/2" iron rod
set in asphalt for the most northerly northwest corner of the herein described tract, in the south right -of way
line of State Highway No. 29 (1007 R.O. W.), and common to a point on a curve to the right having a central
angle of 00°20'46, a radius of 5679,58', and from which point the center of the circle of said curve bears
South 06°59'24" West:
THENCE along sad curve to the right, along said south right -of way line, in an easterly direction, an are
distance of 34.3 2' to the northeast corner of the lerein described tract, at a fence corner post, common: to the
northwest corner of the 491.95 acre tract described in the deed from 7. H. Compton, et x to Henry.B. Tipppie
recorded under Volume 570, Page 483, in the Deed Records of Williamson Cour.tv Turas, froze which a
Texas Department of Transportation Type I Concrete Monument (broken) bears a chord bearing and distance
Of South 82°32'28" Fast — 24.29';
THF CE South 21 °53'37" East -- 1274.98', along the Oast line of said 30' strip of land. to a '12" iron rod set
for an angle corner of the herein described tract, common to the southeast corner of said 30" strip of land;
Page 2 - 434.3 acres
THENCE South 68°06'21" West- ;p.00' along the south line of said 30' strip of land. to a 1/2" iron rod set
to asphalt for an angle comer of the herein described tract, common to the southwest corner of said 30' strip of
land, in the east line of aforesaid 437.64 acre tract;
HENCE South 200.20"41" East - 7157.33', along said eastline, continuing to a 1,12" iron rod set for the...
southeast comer of the herein described tract, common to the southeast corner of said 437.64 acre tract;
THENCE aouth 69039"1917 West- 16 -?4.81' (called S 71" W 532 vrs. ---1477.78'), along the south line of
said 437.64 acre tract, to an angle comer of
the herein: described tract, in the centerline of South San Gabriel
River;
THENCE along the centerline meanders of said. South San Gabriel River the following five (5) courses and
distances (called IN 861127' West - 448.1 vrs. - 1244,72'):
1. North 5835'49" West 83.44' to an angle comer of
the herein described tract,
2. North 65°35'00" West - 250.08' to an angle corner of the herein described tract;
3. North 81'38'38" gest _ 454.33' to an angle comer of the herein described. tract;
4. South 89°53`26" West - 359,52' to an angle corner of the herein described tract;
5. South 76c'36°561" West - 31.84' to the southwes` corner of the herein described tract, in the east line of
aforesaid Gabriels Outlook -- Section One;
THENCE North 19°4632" Vilest — 180.77', along said east line, at 100,00' Passing a 1/2" iron rod set for
reference, continuing to a angle corner of said Gabriels Outlook ---,Section One, common to an angle corner of
the herein described tract, at a fence comer post;
THENCE along an east line of said Gabriels Outlook - Section One the following two (2) courses and
distances:
1. North 21c.314'01" W, t 031.12' to a 1121" iron rod found for an angle corner;
2. North 1829'46" W-380,701 to a 112" iron rod set for an angle corner of the herein described tract,
common to an angle corner of aforesaid Gabriels Outlook — Section One and the south comer of the
48.72 acre tract described in the deed from Hollis .Allen, et ux to Highway 29, Ltd. recorded under
.Document No. 2002005517, in the Official Public Records of Williamson County, Texas;
THENCE along the east line of said 48.;'2 acre tract the following eight (8) courses and distances:
1. North 18°29'48" V,% 212,68' to an angle corner at a fence post;
2. North 20°45'49`' W- 759.05' to an angle corner at a fence post;
3. North 220'52'59" W-599.92' to an angle corner at a fence post;
4. North 211332"18" W - 344.71' to a 1,1211 iron rod found for an angle corner;
5. North 2027'24" t' - 177.79' to a 1l2" iron rod found for an angle corner;
6. North �0°34,33„ W - 242.'8' to a 1,%2'` iron rod found for an angle corner;
7. North 20052'O8" Ver - 180.33` to an angle corner at a 16" Live Oak;
Page 3 --4:34.3 :Acres
8. Norih 2`'°13'48" W - 92.11to the northeast corner ofa50Tesaid 48.72 acre tact, Common to the
southeast comer of Lot 24, of aforesaid Gabriels Outlook -- Section One, at a fence corner post;
-- -'�'rdCl�-.alon�_an._east_line-.of-said--t�abri-els--C)ut-lo���t-ion-Qr�e� �allt���in: cv=� 7- errs-=�_
distances.
1. North 22°11'20" W - 43.05' to a 1l2" iron rad set for an angle corner;
%. North 23°22'56" W - 229.27' to a 112" iron rod found for an angle corner;
3. North 19027'46" W, 302.52' to an angle corner at a fence post;
4. North 07°08'37" W - 458.92' to a 1/211 iron rod found for an angle corner;
5. North 08°55'47" W - 838.98' to an angle corner at a fence past;
6. North 08025'50" W - 783.46' to a'V2" iron rod found for an angle corner;
7. North 08°46'43" W - 328.31' to the POINT 4F BEGINNING of the herein described tract and
containing 434.3 acres of land.
Prepared by:
PATE SL3RVEYQRS
a division of
Pate Engineers, Inc.
Job No. 1260-003-01-A522
THIS LEGAL DESCRIPTION IS ISSUED AS "PART TWO", IN CONJUNCTION WITH THE LAND
TITLE SLRVEY BY PATE SLrRVEYORS LAST CERTIFIED MARCH 29, 2007. REFERENCE IS
HEREBY NLADE TO THE SURVEY AS "FART ONE".
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Lively Tract ETJ VoluntaryInclusion