Loading...
HomeMy WebLinkAboutORD 2008-73 - ANX Area NW2Ordinance oO An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetuwn, Texas, and the annexation of certain territory consisting of approximately 1.90.1 acres of land out of the 1. Jones Survey and. J. Fish Survey, north and east of Lake Georgetown, iocated west of the Woodlake and Olde Oak subdivisions and south of.the Casa Loma Subdivision, referred to as 2008 Annexation Area NW2, as described ir. Exhibits A and B of this Ordinance, but excludinig the territory described in Exhibit C-1 through Exhibit C- 4; which said territory fies adjacent to and adjoins t"- yl�wl_ and not beinor a Fart VP #incorporated providing i plans;repealingconflicting Whereas, the Citv of Georgetown, Texas is a home rule municipal corporation; and WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and Whereas, by Resolution No. 071205-P, the City Council adopted the "Police to Guide the Planning and Procedures for the Annexation of Territory into the City Limits of Georgetown, Texas;" and Whereas, pursuant to said Policy, the City Council identified certain areas for which it desired to initiate annexation proceedings in order to bring said territories into the City limits; and Whereas, the City Council on August 8, 2006, by Resolution No. 082206-5 adopted a revised priority annexation area map and directed staff to bring said territories into the City limits; and Whereas, the City Council on August 12, 2008, by Resolution No. 081208 -BB adopted a revised priority annexation area map, including the area that is the subject of this Ordinance, and directed staff to advertise for public hearings and initiate annexation proceedings to bring said territories into. the City limits; and Whereas, following written and published notification given in accordance with state law, the City Council conducted two public hearings on the proposed annexation on September 9, 2008 and September 23, 2008; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas and not within any incorporated area; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and 2008 Annexation Area NW2 Ordinance No. Page 1 of 4 Whereas, pursuant to Section 43.035 of the Texas Local Government Code, the property described on "Exhibit C-2" through "Exhibit C-4" was determined to be eligible for a development agreement under that provision, and the landowner's) have entered into said development agreement, the terms of which state that the propernr T shall not be annexed into the boundaries of the city by this Ordinance but instead may be annexed later as provided in the development agreement; and Whereas, the Section 4.03.010 of the unified Development Code provides that the initial zoning classification for newly annexed properties is "AG" Agriculture; and Whereas, all prerequisites for annexation as set forth in state law and the City Charter have been complied with; 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 Vision Statements, Goals and Policies of the 2030 Comprehensive Plan: Goal 3: Provide a development framework for the fringe that guides sound, sustainable patterns of land use, limits sprawl, protects community character, demonstrates sound stewardship of the environment, and provides for efficient provision of public services and facilities as the city ex-pands. Policy Statement 3.B. Establish criteria, targets and timetables for the annexation of unincorporated "pockets" into the city. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council hereby finds that: A. Notice of two public hearings concerning annexation of the territory described in "Exhibit A," and shown in "Exhibit B," was mailed as required by law; published in newspaper of general circulation in the City of Georgetown; and posted on the City's internet website. B. The Public hearings were held on September 9, 2008 and September 23, 2008, each at 6:00 p.m. at the City Council Chamber, 101 E. 7th Street, 78626, Georgetown, Texas. C. The public hearings were concluded after providing an opportunity for all persons present to be heard with respect to the proposed annexation. A proposed Service Plan was made available and explained at the public hearings as required by law. 2008 Annexation Area NW2 Ordinance No. Page 2of4 D. Pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, eligible landowners were offered an opportunity to enter into a development agreement in lieu of annexation. Copies of agreements executed pursuant to Section 43.035 and 212.172 of the Texas Local Government Code are attached hereto as "Exhibit C-2" through "Ex it`- L- E. All procedural requirements imposed by state law for full purpose annexation of the territory described in "Exhibit A," and shown in "Exhibit B," save and except the land described in "Exhibit C -Z, " through "Exhibit C-4. " have been met. F. "Exhibit D" contains the municipal service plan. for the annexed area. Section 3. The present boundary limits of the City of Georgetown are hereby amended to include the territory described in "Exhibit A," and shown in "Exhibit B," save and except the land described in "Exhibit C-2, " through "Exhibit C-4 ", which is within the extraterritorial jurisdiction, not part of the incorporated area of any jurisdiction, and adjacent to the city limits of the City of Georgetown, Texas in Williamson County, Texas, and said territory is hereby annexed into the City for full purposes. Section 4. Those properties not included in this annexation ordinance pursuant to Sections 43.035 and 212.171 of the Texas Local Government Code are more particularly and separately described in the attached "Exhibit C-1 " through "Exhibit C-4", and shall remain subject to terms and conditions of the Chapter 43 Development Agreements) entered into with the City of Georgetown. Section 5. The area described in "Exhibit A", and shown in "Exhibit B", save and except the land described in "Exhibit C -Z" through "Exhibit C-4, of this ordinance, is included in City Council District 4. Section b. 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 7. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 14th day of October, 2008. Passed and Approved on Second Reading on the 9th day of December, 2008. 2008 Annexation Area NW2 Page 3 of 4 Ordinance No. ; Attest: ,F aE f jy f Sandra D. Lee City Secretary Approved as to form: _..1 Patricia E. Carls City Attorney Mayor 2008 Annexation Area NW2 Ordinance No. Page 4of4 EXHIBIT B a"'. ''' ' �} i..I L3:..? i. i V 4J iw. Ti...X.t3, . ��r�';.'I th, 1 t .I � Crprtown rk^n'r0, Li t Oi �/LeE�msiY v ?(sLlp £y� LYy f same lt' 5L``ir g the t�iitPl hruS2 corn fir } C?tV o the SCk4lt1 c2st C•or31PL ? L called 63.64- T trac`' of land t:onveyeti to Patsy stir€iii'IL'? a ter' �-}-( 1 ns �h{}`?420i C3 {d�c Official i'i�hiEtieCCardS €iT Ii112I2�.si}P- 1L 1i_ti' described M ocurnent i o. 9: Texas. same being the solitirwest corner o 'Lot 12 Block B. ina?. fiat ye'ootilakb Phase a subdivision as recorded in Cabinet X, Slides 352 - of the Plat Records of i1l.ian�sor= County , Texas, same being on a point in the northerly; boundary tin, of a called s 22 -acre tract of land conveyed to the (United. States of America as described in �olur�te 51 �. Wage 4?2 of the Deed. Records of Williamson County, Texas, for the southeast corner and f'CI?w T OF BEGINNING hereof, THENCE proceeding in a westerly direction with the common boundary lime of said City of Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract, anti sed 12? -acre UTnited States of America tract, to a point being the northwest corner of said 122 -acre United States of America tract, same being an angle point in the easterly boundary line of the 429- acre tract of land conveyed to the United States of America as described in Volume 535, rage 275 of the Deed Records of Williamson County. Texas; THENCE continuing in a westerly direction with said common boundary line of the Cite Of Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract. and said 421 -acre United states of America tract, to a point being the southwest comer of said 6 3� 64 -acre Spencer tract, same being an angle point in the easterly boundary line of said 41.1 -acre United States of t nerica tract; THENCE proceeding in a northwesterly direction with the said common boundary line of the City of Georgetown Annexation No. 2005-92, and said 63.64 -acre Spencer tract, and said 421 -acre United States of t�xr=erica tract, to the r ost wcstferly corn: r of said Spencer tract; THENCE proceeding in a northeasterly direction with the said common boundary tine of the City of Georgetown Annexation No. 2005 and said 63.64 -acre Spencer tract, anci said 429 -acre United Stages of America tract, to an angle point in the westerly boundary line of said Spencer tract; THENCE proceeding in a easterly direction'"ith the said common boundary lime of the City° of Georgetovrrn Annexation No. 2005-92, and said 63.64 -acre Spencer tract, and. said 429 -acre Limited States of America tract, to an angle point in the westerly; boundary- line of said Spencer tract; THENCE proceeding in a northerly direction with the said common boundary line of the City of GeorgetoxArn Annexation No. 2005-92, and said 63,64 -acre Spencer tract, and said 429 -acre United States of America tract, to a point: being the northwest corner of said 63.64 -acre Spencer t=ract, same being the most southerly; corner of a called 32.51 -acre tract of land conveved to Rov Tate Gunn as described in said Document No. 9904209, T HENCE continuing in a nor°�:herly- direction witr� con aeon bounnary lite M the C ?ty k f �. .S.a 1 "Y e' ,..a^� vj- P. said 4 "tr9E 4` Georgetown � 411exatio i No. 2005-9 % anet cla:G ry,.� e �:_. and t� �C. _. rI3 CS States _P ',.{ o i le POITI, 7, ; fit° tf cdi!Cs i_l , d,a.r t 1 FiC O 'mss.: tates of America,tract. � i t� � tract: TM L proveeotng n a westerly direction with sato conrimon boundary tine of the C ttS o ?��. Georgetown Annexation No. 2005-92, and said 32.81 -acre Gunn tract, and said 429 -acre: United Mates of Annertcatract, to a point being fne northwest cc}rnor of saidtty of Georgetown Annexation No. 20C1S-92, same being orz a point in t; e easteriy> boundary line crf City o ' Georgetown Annexation,No. 870400, same being an ankle point in the easterly boundary lime of said 429 -acre United States of Merica tract, same being an angle point to the westerly boundary line of said Gunn tract, THENCE proceeding in a northerly direction with the common boundary of said City of Geors?eton Annexation No. 870400, and said.3 Gunn tract, and said 429 -acre �F United States of America tract, to the; northeast comer of said Cityv of Georgetown Annexation No. 870400, same being an angle paint in the easterly boundary line of City of CFeorg etoN n Annexation No. 2006-129; I I..?tiCE continuing iin a northerly direction with the cotnrno� boundary- line said Cid of Georgetown Annexation No. 2006-129, and said 32.81 -acre Gunn tract, and said 429 -acre United States o.[Amcrica tract, to an angle point in the westerly boundary line of said 72.8 - acre Gunn tract; THENCE proceeding in a easter?y direction with said common boundary line of the City of Georgetoxvia Annexation No. 2006-1.29, and said 32.81 -acre Gunn tract, and said 429 -ac -re United States of America tract, to an angle point in the westerly boundary line of said 32.81 - acre Gunn tract:: ,rH NC. proceeding in a northerly` direction with said cornrion boundary line of the City of Georgetown Annexation No. 2006-129, and said 321.%1 -acre Gunn tract, and said 42.4 -acre United States of America. ix act, to the northwest corner of said 32.81 -acre Gunn tract. sane being on a point its the southerly boundary line of a called 100.74 -acre tract of land convcved to Jay, L. Wolf as described in Volurne 676, I'age 557 of the I)eed Records of IvVilliarnson County, Texas; THENCE E proceeding, in a. southwesterly direction with the con on boundary lins cif said City of Georgetown Annexation No. 2006-124, and said 100.74 -acre wolf tract, and said 429 - acre united States of America tract, to a point being the most westerly southwest corner of said 100.74 -acre Wolf tract; THENCE proceeding in a northerly direction with said common boundary line of the City of Georgetown Annexation No. 2006'-129, and said 100.74 -acre ��olfiTact, and said 424 -nand: United States of America tract, to the most northerly comer of said City of Georgetown Annexation No. 200€-129, same being an angle point in. the northerly boundary line of said u ' i_.:ta trz a Cr + c4 same E? no, tI e an `-Fogle noire l i tit: t>asterI ly 7 C -a z `I; C� la et {iI r C .: av bounua'>>' I re t?T a Ca�.xGG �,�)�)? -acre tract Eli Ian cCkn e e d t0 �LEr4tt;I3l� Ctt3u �St�tes i-iomeoxymer ' . ssoc anon as eescrioed in Do,,Nu -m No. 98280? 7 c7f tre Williamsc n � �,ount ,Texas: if z `THENCE. continuing In a norther;' direction �N �4dl the co mon boundary` line of said 100. r .- acre l�%oif tracts and said. 7.00 3 -acre Fountainwood Estates :Homeowners' ,dissociation tract, to the most easterly northeast corner of said 7.0013 -acre Fountainwood Estates Homeowners` Association tract, same beim the southeast comer of Lot 25, Tountainwood Estates Phase 6B a subdivision as recorded in Cabinet 0, Slides 204 - 205 of the Fiat Records of Williarnson County.Texas; `iTIENCT continuing In a northerly direction with the common boundary Line of said 1 OM14- acre Wolf tract, and said Lot 25. Fountainwood Estates Phase 6B, to an angle point in the westerly boundary line of said. 100.74 -acre Wolf tract; THENCE proceeding in a westerly direction with said common boundary line of said 1001. acre Wolf tract, and said Lot 25. Fountainwood Estates phase 6B, to an angle point in the: easterly boundary Eine of said Lot 25, THENCE proceeding in a northerly direction with said common boundary line of said 1 K74 - acre Wolf tract, and said Lot. 25, Fountainwood Estates Phase 6& to a point being the northwest corner of said 100.74 -acre Wolf tria.ct, same being an angle point in the northerly boundary Eine of said Lot 25, Fountainwood Estates Phase 6B, same being on a paint in the southerly boundary line of Lot 26 of said Fountainwood Estates Phase 6B; THENCE proceeding in a easterly direction with the coir mon boundary line of said 100.74- acre Wolf tract. and said Lot 26, Fouritainwood Estates phase 613, to the southwest corner of Pountainwood Estates Phase 7, a subdivision as recorded in %labinet R. Slides 350 - 352 of the Plat Records ofiWilli,anison County, Texas; THENCE continuing in a easterly direction with .the common boundary line rfsaid 100.74 - acre Wolf tract_ and said Fountainwood Estates .Phase 7 subdivision, tc a point being the southeast corner of said Fountainwood Estates Phase 7. same being the southwest conger of Loi 5, Black 3, Casa Loma., a subdivision as recorded in Cabinet D, Slides 9 - 10 of the Flat Records of Williamson County, Texas; THENCE continuing in a easterly direction with the common boundary line of said 100.74 - acre Wolf tract, and said Block 3, Casa Loma.. to the northwest corner of City of Georgetown Annexation No. 9.5-12, same being the nor�tlicast corner of said. 100.74 -acre Wolf tract, sane being the northwest comer of a called 20.0 -acre tract of land conveyed. to James David Wolf and wife, Ellen Allaire Wolf as described in Document No. 9612381 of the Official records of Williamson County, Texas, same being, on a paint in the southerly boundary line of said Block 3, Casa Lama; ,.�, .r.,.. .. r I , ra it 's i 4� !,}YS %}o?in.da rine �r1 .... i 'EINI '_; pro •eedin(r in a southerly �' eci.;.ori vti�t:. ,:�2`�' c�z�T3 S-�rC C,3�rtr. �reoT i ti annexation No. 95-12;. an said ? �1ti. 4-acr\e otf tract, `an CG said 20- ccr e t7 �a ,rxie. n t r 4 n r r' T C' ` �y!) i (.rr tU o, { r' " .w.t. C.ract, G.i,S a p, t_ii w;.r ye ii, t..: .r5 s�u ti��%4 �'s�. W-�1 i.i ..-a iF, laid `l; .t.' LC t i.. .._ k`..• , same i ... ..- .r: C, `3 .E point un the tasterly boundary lith m :saki i3x r '« htrivn3-L6Jl said tCt.i.y THENCE�tonY" let�ir?1 of Georiretowr} �nnexatron ?va. 5-12, same being irnroug= the iriterior o� said 100.74-ae{e Wolf tract., to a point in the southerly boundary line of said 100.74 -acre Wolf tract, same: being on a point in the northerly boundan fine oT l�iack B. Final flat Olde Oaks Estates a subdivision as recorded in Cabinet F, Slides 326 - 327 of the Flat Record iliiarnsor, County, Texas; THENCE departing said easterly boundary line oft' e City of'Georgetown A.rurexation :No. 9>-11 proceeding in a westerly direction with the common boundary litre said 100.74 -acre Wolftra t and said Block B. Final Plat Olde Oaks Estates, to a point being the northeast corner of aforementioned 32.81 -acre Gunn tract, same being on a point in the Southerly boundary hire of said 11.00.74 -acre Wolf tract, same being the northwest corner of said Block B. Final plat Olde Oaks Estates; TI.IENCE proceeding in a southerly direction with the common boundary line of said 32.81- acre Gunn tract, and said Block B, Final Flat Olde Oaks Estates, to the scrutlrwest corner of said Block B. Final Flat Olde C3aks Estates, same being the northwest corner o[ a called 20.00 -acre tract of land conveyed to Paluxy Square Partners as described in Document No. 2006039487 of the Official Public records of VAIliarnson County, Texas; THENCE proceeding in a easterly direction with the conunon boundary line of said Black B. Final Plat Olde Oaks Estates. and said 20.00 -acre Paluxy Square Partners tract. to a point being in the said easterly boundary- line of the City of Georgetown Annexation No. 95-12 same being on a point in the southerly boundary litre of said Block B. Final Plat Olde Oaks Estates, same being on a paint in the northerly boundary line of said 20.00 -acre Paluxy Square Partners tract: THENICE proceeding in a southerly direction with said easterly boundary line of the City of Georgetown Annexation No. 95-12, same being through the interior of said 20.00 -acre Paluxy Square Partners tract, to a point being the northeast comer of aforementioned City of Georgetown Annexation No, 2001-49, same being on a point in the southerly boundary line of said 20.00 -acre Paluxy Square Partners tract, same being on a point in the northerly boundary line of remnant portion of a called 118.34 -acre tract of land conveyed to Andice Development Co. as described in Docurrrent No. 9636558 of the Official records of Williamson County, Texas; THENCE proceeding in a. westerly direction with the common boundary litre of said City of Georgetovilri Annexation 2001-49, and said remnant portion of the called 118.34 -acre Andice Development Co. tract, to a point being the northwest corner of said remnant portion of the called 118.34 -acre Andice Development Co. tract, same being the northeast corner of l._,ot I M 'Shori..;- ( nn 'Final i .al. Plat k�'o;�`�iaake P'nase I. a subdivision .,qs recorded II Cabinet .1'a. �'r 1.i tX.�� `✓V } t}*•. 'the Plat Records of T!�' 11=1?2SC�? 'C'ount;.', ! exas; l Iu d vi Continuing iT, u til'fitsf� :t1rc �tiC}r vi'ilii common on boun lary Sine Sal CIL' Edi annexation No, 2001-49, and: said 20.00 -acre Faluxy Square Partners tra.CL, and, said Lot 1. Short Form Final Plat o�'oodlake Phase 1, to a point. be] t. the northwest corner of said City of Gear<oetown Annexation No. 2001-49, sane being the southwest corner of said 20,00 -acre Pal.0-N.'Y Sgnare Partners tract, same being on a point in the casterly boundary fine of said 32.8 i -acre Gunn tract, sande being; file north���est co^ger of said Lot 1, Short Form l final Plat Woodlakc Phase 1, THENCE proceeding in a southerly direction with the common boundary line of said City° of Georgetown Annexation No. 200149, and said 32.8 1 -acre Gunn tract, and said Lot I. Short Fora; Final Plat Woo lake Phase 1, to the southwest corner of said Lot 1. Short Form Final Plat Woodlake Phase 1, same being the northwest comer of L,ot I I, Block A. of aforementioned Final Plat Woodlake Phase 3, a subdivision as recorded in Cabinet X, Slides 352 - 355 cif the flat Records of �%illiamson County. Texas; THENCE continuing in a southerly direction with the common boundary line of said City of GeoreyetoNvn Annexation No. 2001-49, and said 32.81 -acre Gunn tract, sarne being the westerly boundary line of said. Fina.! Plat Woodlake Phase s, to the southeast corner of said x'2.81 -acre Gunn tract, same being the northeast corner of aforementioned 63.64 -acre Spencer tract: THEI�iC'E continuing in a southerly direction with the westerly boundary l=ine of said City of GeurgetowT. Annexation No, 2001-49, saine beim with the easterly boundary line of said' 63.6 -acre Spencer tract, same being with the westerly boundary line of said Final Plat tivoodlake Phase 3 to the POINT of BEGINNING hereof. This document W0S prepared under 22 ,Y AC 663.2I, cdoes not m leaf the revults gfan or the ground survc}y, and is not to be ��sca to convey or e,stabUsh interests in reel property except those rights and interests implied or established by the creation or recur figuration a f. the houndary of the political sub divisionj. r �s�hich it �i-as prcpasreri c> DIAMOND SURVEYING 1, � . P.0, BOX 1937, GEORGE.TC� �. TX 78627 �TF (5 12) 93 1 -3 100 ......................:... SHANE SHAFER ?� 5281 SHANE SHA EFR, IR..P.L.S. NO. t` .91 DATE Annexation Area !' IYV. 5 TAE ` F 'r*, -Y r' L P k�aS F s.✓J...: 1..��i. ""i? rt % T I A�'d i 4 1'F 1L C. ? GC)V FRNN4F,�`i BODE T},?l:, i,.,:._ 11 :.diene Li:te,re', Ilio p'.1''SLiaTl' (. �7e.Cttt'7 �4 `• :�r'C3p�.2".� tll_ _ C..-.. 1�',I` Ct .i?IF?"C',itt lax, j.��ti i}t}i£'',. a4 ,c131t t0' c _"I:`U.?iL=. 1'Cl. i,' �1-t.�I"aP_rd . esti j,altit I: a?la<«e17 en+ use> I'll Qct 1-u:Ilijaptet L) alatC _>I A U)dc, (rt t.. tstn't>c: i..0?C3; t7ill ilt cOrCiC' �i' 32u,1t t't'C:1 'ii1C' �+tj' C> iTEC?I,QE't)1R'2:. T+.:;ct ,,tile' „i..1t5 1 rill t _7C3i'P. file r Its} 'u Cta e -lie SCA ani aQS for lc et'til (c7= ri.11c°ci -)r +�1 . �� crnS , tt1E' li?li�E'I51«:lC { i\err !t^„O1ne \1l't„ il1C'_"itner' <'7 C}wt- er�I C7t fl F'1e'j .'.:i\ WHEREAS, ,;.11 : j , 11 .-I I :� tint"P11i1, }t} E FJ'; the P r L r?4 L l C�� .1 t21-Asi.liE_. C."rta? � I d1 t11, t 111 E' til C'. '._}1'1 31 `vi O�'r I15 << parte.; o, re'a, Tpro }e --n' (Itt? _'` :�r'C3p�.2".� Ci ria l+C'ti`71 1�',I` Ct .i?IF?"C',itt lax, j.��ti i}t}i£'',. a4 ,c131t t0' c _"I:`U.?iL=. 1'Cl. i,' �1-t.�I"aP_rd esti j,altit I: a?la<«e17 en+ use> I'll Qct 1-u:Ilijaptet L) alatC _>I A U)dc, (rt t.. tstn't>c: L�it l' Tie\c14r lih7(-!!1 Lj or;•?"l c L. �.'u l"ll tt' '�I7C! 4...�arateiv Cl e.`.`�}L'C:,te' file r Its} 'u Cta e -lie SCA ani aQS for lc et'til (c7= ri.11c°ci -)r +�1 . �� crnS , 1 7 �} allu WHEREAS, ,;.11 : j , 11 .-I I :� tint"P11i1, }t} E FJ'; the P r L r?4 L l C�� .1 t21-Asi.liE_. C."rta? � I d1 t11, t 111 E' ia11 UIiC1�2" _'quD llapteIr C?' t?'i 7 ;1i?t' dTIC 1Y H IlF1iS, t4lE' Lii\ 11?. }lE LEti the pro-e'ys To 1 -utut r3 ?,`1C'\;i ]Cl?i tlt`i)LEE'rdit no on rl�l i)1 ,y I' Ian .10 ,�ar , i- C} `7f �1.. �, i F i'({3 5 O'. };ino �T2�1ix cillie �it: Ilti L�LIC�AiC i a,iT. S J11 `lCc.IlI.C. _t)1 7 Y a -I^. �� �..- a v"_ z # 1 r ,,? . „�`,2 I t-1 zy .{.,. ,y r v,; t S H etaxw,r' S, 1'tle �tesir�� LG lave t e � �}t7�3a � i=diil I::1 � Ali? � �t.ic�I"ST�)�:iia ?LII";S. ICiICI ":, it C.i7 "t SIC}t'.'r tiE'1.011 TO �ti ill the �jlv7lc juT-fIIoS CC' t_'ilt a?l Ci WFFzr till"E'.E'?iiti:eu is WI t91'E 1 17111'JeC7i MrI FeN els C}C:a, liC)\=' '.I;li' IC'.71t `_C3 iC', 'n 01 cle'i" t'%') aclur IIIL' �7 i;I' ` C?: i:l ili'; cit ?lC:' WHERE m tll£' 1 it,"Il:"' 11 d :al_ l i?j,' Ci ria l+C'ti`71 1�',I` Ct .i?IF?"C',itt lax, j.��ti i}t}i£'',. a4 ,c131t t0' c _"I:`U.?iL=. 1'Cl. i,' �1-t.�I"aP_rd esti j,altit I: a?la<«e17 en+ use> I'll Qct 1-u:Ilijaptet L) alatC _>I A U)dc, (rt t.. tstn't>c: ia11 UIiC1�2" _'quD llapteIr C?' t?'i 7 ;1i?t' dTIC 1Y H IlF1iS, t4lE' Lii\ 11?. }lE LEti the pro-e'ys To 1 -utut r3 ?,`1C'\;i ]Cl?i tlt`i)LEE'rdit no on rl�l i)1 ,y I' Ian .10 ,�ar , i- C} `7f �1.. �, i F i'({3 5 O'. };ino �T2�1ix cillie �it: Ilti L�LIC�AiC i a,iT. S J11 `lCc.IlI.C. _t)1 7 Y a -I^. �� �..- a v"_ z # 1 r ,,? . „�`,2 I t-1 zy .{.,. ,y r v,; t S H etaxw,r' S, 1'tle �tesir�� LG lave t e � �}t7�3a � i=diil I::1 � Ali? � �t.ic�I"ST�)�:iia ?LII";S. ICiICI ":, it C.i7 "t SIC}t'.'r tiE'1.011 TO �ti ill the �jlv7lc juT-fIIoS CC' t_'ilt a?l Ci WFFzr till"E'.E'?iiti:eu is WI t91'E 1 17111'JeC7i MrI FeN els C}C:a, liC)\=' '.I;li' IC'.71t `_C3 iC', 'n 01 cle'i" t'%') aclur IIIL' �7 i;I' ` C?: i:l ili'; cit ?lC:' WHERE m tll£' 1 it,"Il:"' 11 d :al_ l i?j,' t T,t,t.{1F C7;f'r> tt at ti11 ? 'CII1C'P lv tl: l^,i-!� i1pC11? .I ,'t I, he pit , ailci rile :?e, Ilr r rir1�; file r Its} ; vtiv ' succ moo?- ani aQS for lc et'til (c7= ri.11c°ci crnS , V �.aEE.E S ti1.` 1_}f1\'e'1{)t,1ilf'Il�. _',ice,: f:'. F')-i�I C'Ili iz; to L�i�: Ii..�C12 t'U. Iil L�lc t\E'. Cil ;� tC���l is ?'ll- 1\C'l. C.i?"ll.S 1t 1111 ,tiIS0Ii w."t:)Ldili:C`, C'}Ci?.S at t.,1.t^ `i.'..`:�-1�."-n: e 01 `.Tl : cI`"\'. NONV, atd R 1' 0 d\ r L'i lCijlti]ll 1'ci.li)1t il: C 1 tal l (E7T( iilC't G 7:i.1 fi tll d LI tLA LiI (_� V'f__iC1 �l.._, 4I le' Cat"t I£ Ylt3t"E1Cl c ree aci Iol1tlV,'>: Ei :r CTu' i 1.}3 O tl.U.t a. �,On'rI.ili: ance of z��?.:.x u%�' �"ir tor, u! sll:'"I..S�.i_taU:� .`D ti+il°.,. T 1 L i.. LZL.L/� �.. Lam.. L_..} V. t) ....i l .. _..l., -p;�11l �l .:.}i. orCy(ir foi- 411-jr 1CrI"eeSnjerjt to 51:1 effetAt, e\._Nr� IHI ��TVVN`? `�\ �''H� 'din �T "t- i... -ate ;C); -.nom Cts C:i; t`?__ �:'i...'3 �L. '"`?.�� I:�.:??1 't;l 3, "} ,! ;i. ... .i' C1 i -`5v cC" C'on 3^. �� �� ! S TS G ya �"! F"~R4".4. Citi rnl 3I. cl �. i"3 tit L�r{�Y�inelatr L.li a�;I :ry 34 }. 4.) 't'.�i /? t � ,F� 1. C)1 y`Yi 1 \, ti'�A _moi -L.!lS-' SEE I-,lt_ni1._y Tl..i LN�D,'�N'j.`\i l �!, 1 0,, T F. -S 1 n iv,l ..� 2 T� r7 r.F *, 7 r xa D � 1 err xp j �. .� ��, ih �. 4 ag, � iot t an oll�ntat, stitatc: ecce � ,i .,: t tem » -o vv r�� 5 znne), tn.' re)��.t �. c.J - ;i1�1.�'11...... . .. :. �o : , , T` ?.n r 1 ` ANTS T.i. t'A�..+... i.,� l.�xt. t C+. 'i'' } �t.+�yi::1� �, IaC-reCs ncn tc) 131aclildt the i'ro;nrrtt' I a 5tatuu)r1 aI 11 %<ar,t 111 iOl Me iiai .A�N1' .�A�: C)1`1' 4T Il7?"ITI It l'ri1r"4T I. I II'i'' PT�OTD!,I'��' �A'1_I S 1; jcE.rclernenl. t I()�AF>\C it t'tIe Frcrnell is a,�ne. iot tn, rsuan, Io 1 ne te: n ti p:_ . ,1 t h r', ` n JUST Lit.\tul✓i\''I L. �. i., 11\ 1. T i 4`1', Nl: A \� I L t RO't,; i - 1\L,, i 7..j' '^T� A� TiwZ t : �,�;`_ (ON 11. t.,.l. i the" .�cjf-\' ..LnCi rojm_1S n,{U�Ln Viruel'II' 4LO the TIl u ..Zn `te- '1' , - i. i.i a, ..' i i..S A f_3R.EIE- xV$. 1"JIN T. U* Texas L,o aI ctvernlnent <ode, Lh.n L7 Section =. Continuance o: Agriculture, Wildlife `�;anac ement, or Tisnbelland Use; Prohibition against Other Uses l lle OVVIICIT cot'eninls cxnd r gees not to use the 1�I'olpern, SOT" a :1 t' SE' C)iilel trc 1;1 For «< ricin ur 'IItIIIIE' IZ1lIl<<�t 71{Ii„ LIZC�fU.; ;.3n b4:'?` ( 1 CoI15 5t nt 41'IiTC3i 0 LiICii' C'4c Tze\ C.Oae, nXCe��t :i Cir ui11' eXlStli'1g SfT?� iP`;'3IYlIli' Tr'St lE iiT..:l! llS£' ?i i 1( t} "C}'s tll.". �-"f i�i.:i'\�I�I tIeI Cl)r;Je'°i. (}lt afa C11.1'�. The l�l�` TlO\`er<Zlal: and << I'OC" tii?i tl"l t' "i11'I1?7' it'll' nC) `II.' c:l`,' }%il atic)n rC1'. a ,_uI ii IZ;C}n n2c2 C? tI1'?' :iE\'C1U�}?11 Ii`c-7'�:'IiIECCi :FZilrov is iU'.' tllL' I:i.. r - r } n r" P ti > I' t r s i:.. - rzr r _F�. :Uj�E*I t1' 1•i'.trl ''ILII ?TISUI �f)khl1 C); tA7 e_1' Lt31�ti thE_ T'U�?C,iC' ,� l�_.�'.Il 31"?Il._A11e 4 7TTE.C); _.y Tile Ilf'i" CC?vE'Ilant Env auTt'eS ilC3t tC C aSt1'UC, C)i a1lbi^;' t`.) C?_' CC)? �C''L'.Ct d,. a_i11' ti 11.i1dII1Ts oriCiti' Mat 14' Otl}u "eC<tlir:% a bullLZtIlNi pC"'?1J, i .'i" r'r()P+.', T.\' \','eI in tree city li nitS, un(ill the TI'O � 'I't1, Sl c;4 3( ¢'I`< iI1I1P\LC: IIZtC, ii n: �t I,Ci i L; \', tt1£' � ItT'. l l%1i' l' Talso {l1; 'I:an tS 1ila 7`�I'€c: t2Za i t e i..lry C., ,\ T:ricul`;.ire 7. ailiI1" iistl l:.t TC'L IZrEin£'2Zt4 tlpp!1% to ffir i r7{rt`5'a all fl-iat thr, I`rolja:_I't\ 4}ic IJ .�£' user onv fnT' Jar A<TIiCultUrr" zo lrip L'S�'ti Ll"iclt ex3s Un thai P. er - at me ti Me 0 1,1i Ce Exec-t2Lli)rl Of this Ac reernent, U2 li ess otherwise ploo 'ije I_t1 tiZIS ,A reenent, 11i 1 tC'i'C r, flIca Owner IIZ C': G' Constnif t tall i3C:'esSor i' Strw-L ure 1( all e\Ist.ml >lnoie fami]V CilrV HIiZP III CC) n1*0lilllCe.. Wi}:Ii 213 £a2 17Cc �ile LV Ui'CIIIl3t10E'S iilC CCf TIS , (�t 'ilr r �ckncnl f 7d<oes ti-iat acia a�a a t �'c,I1 <,1,\ l� r of tin t T'rc)F�L_rt� rnz,st s T; z lk-hi4\AgreemeinI in orCy(ir foi- 411-jr 1CrI"eeSnjerjt to 51:1 effetAt, e\._Nr� IHI ��TVVN`? `�\ �''H� C1 i -`5v 1, T. FP\47 �: I(`iirl� 3^. �� �� ! S TS G ya �"! F"~R4".4. il,-+ SEE I-,lt_ni1._y Tl..i LN�D,'�N'j.`\i l �!, 1 0,, T F. -S 1 n iv,l ..� 2 T� r7 r.F *, 7 r xa D � 1 rr•�-�, a .: c.J - ;i1�1.�'11...... J, 1�,�`a.. t.. ., GAT `T n }� \ . i I: "11 \'yl� :'Y!\ i T` ?.n r 1 ` ANTS T.i. t'A�..+... i.,� l.�xt. t C+. 'i'' } �t.+�yi::1� �, Y}-� ` l `, {/- ( ` , , L)S� 1)���..��J �ti CLi'%UIt IN(_3 ,` .A�N1' .�A�: C)1`1' 4T Il7?"ITI It l'ri1r"4T I. I II'i'' PT�OTD!,I'��' �A'1_I S 1; ,1 t h r', ` n JUST Lit.\tul✓i\''I L. �. i., 11\ 1. T i 4`1', Nl: A \� I L t RO't,; i - 1\L,, i 7..j' '^T� A� TiwZ t : �,�;`_ (ON 11. t.,.l. i 1'T_Ir� i : a. - i. i.i a, ..' i i..S A f_3R.EIE- xV$. 1"JIN T. 'lnm.'JX.aiion 1�:Ef! il.i ,;a (>'I'P�il}till: r C'C>F€in I tivCL (i% ? 1.ii iis:ri§r4 C?r . CtTo t S . .';., _. . �.)vvn ; t..�l a" ...-c.._-_.c i'�iat�u G:✓i ,�.�. .,... A.. ii.tE ._ t'-i.0,.a rl.�Z.�.'t_.__. Ari If;Ul l Ll`1' r ?41r, ', ;., .?i} t }{r3 Y l r P i n;? f i in <�, t utL. C 1T i ISCi, L0u:nCli. ill ., `}}\ t:.. 1�I° i_s t, i ti �?:. C' C tc 1! C)lumar'S' ail "1 til, i1C;" i i, <.. ii Ai ii ) 1 aI 9 7�. Z' c t it('.rt'�," LU ":;t.y.F7 �� to uC..l'. Ci i (ate"3l �} ai, 7 '.S(' fi `, f 2} moi, m 7 z , j h rine_ .at.0:, <.._ ..lC)u�1: a� :7:.-.7'JU ttu)r SC1° ,. _lEs.ui:,c7,? .ri:.C' ?ee1"; t 'I1OCTed t)`:'' tilt' L111'ncr. ii aF171r'\anol L7 [?CE .t 7 ;'S D? U-1. U!-Sliiitli tI115 )l'l.tiC T7, ti1 1'i1 i c_ aC1 IlC?\a`IeQf E'S Lica t!1I.S I^-einelii serve � "' `1 ex • l hoi1 t1) i oval l o��Pe, i l 71i JCI '' ,. Ct, a I SeC IC7r1 YJ,J-� requirl7l£ a alLinlCi�za11T1' t<? L2� ei'i:al7l Si xi`LltOit, 13 1, LTreQ un er ilii alIZIIE\c1r1C)F' p'xat?. FII.rtI1C'3'IT10rC; tllc.' C.>1:'Ile1' llerebl` 1 i.It'(',S cli?`+ ZlTlldlaI; :''` tL � iNyl')iv HM Ciati115 Lflat t�lE'l' Ilic:t' have IilCieT 7f'L 7U31 �. )(i�(8j(=) l.3?Cz l .�l i� t::'3 U; tlir> 1 eXC L.0 t i lJC?`'CNMI'llC~Ilt �.UCtL "t11c.0 Vi C) i!C1 C)t�ier11'1� 25t L�1 }'ii"L"CtE' t}i illi' :3:)Il4 L%1V'I1�" ll i:a)C'e,i in Violation Of Sectic'n I en.,,n. Section 4. Enforcement o Cit -G' Regulations �.1 r`uE, .,u: 1 ant to ";e tion; '-]'.'� ,1035 i )i B t O tl�e --j-a 1 j ., )t% i it r` f Tc Lt c� ��� e_n__l ',� ( ) 41 c. t l p`� tal L:))! LGC;1_ �._�C)Y'e2;']Z1leI": LC)Qf Incl t l IL1G'L(� l i., 11 �', lil= 11 Ill ��ti.. il` �F'Y': iJl_ r' kT-1 C.. i :.; � : Q71 nI zi„ �j .'.r_'ri1fTT', 1,.�, ,:u,.I DLl.i' ., .� - "3 Ni i 3�L t rl� t_Cr, L444IiL T ..3C :.iC, uil',t� _��G Jvi l •2 C.._ L,4 7Iler Illa1G i �'1`�iICr it ?:. 'l Y.:`! e L.Lrr17 �i .:J 1 1.. ca_t to lT r 1 1 t,- r, � � _ Jas'm ir1?!s mon snal: be ?i'G'IC.G'E'% Ll lit CC}TI SF CI;'_r�C In lC:oT.^iCailCf' t't'I Il t!lE' tnOT LiI7'" rlI '.�tt".'S T'PL_'L ;atio'"t5, ordir-t nceS; (-Onlnreher;S1G'.' 13lan, and C}Itl :" p017CIE 5 0 the �.lf ;'. 7ectIon i'. ? o6ce. i.l illll `1e7,i'.I'.? G-\"31Ci SCIiS }I' Cil 'C," T'nv �lorlhoIl o''h €:TC2 '_?\` Sf�c�i , ��T"t U. tt1 SL7Cii sale C7r C'Urtl'E't' fIlCf'. owe tG`r jitf_'Ii IlC}ilL(>' l Ci115 ;'-1crrC"EiZlC' li t.0 Ella' `7. !'t ter. ri .Y r.l.,. r"... a. 4. y.��.uVCC Ll.��a or tirant;,"o', CMcl shall give \�=r;.tter :lC}(7 E Of itlt' St l: C} C ?Tl�'t't l CC LC) 111 C, T'` i.? Owner CanCl file DN-T1C:'rS 11 ii'S; StICCE SSC}2', al1l c'.SSi 31S Sllt,ll 1`.'£ t!lC: CFi\' 1=l'T`Ii'te11 Il }CIC thin IC1Li.rtLCil t,! 1 Cj7G'ti of d.n ' Ci"irincle in Cllr-' a�" ;CLE I'Cli i31, 11`1 Glli Iii iTl i,` Ni71f'Il or timber and is \ ehen'TUtjon Stt t s, o} tll'e r'rC7nertl'_ 1 ... .. C'O l' 0 01,11, noti"rl rE'C`ttll.?'C'� iii' tills .£1 "IC"�'i;`te.ii: Sl`t el fl LlC in 1�vrltIno <i:no Sent. to the {�t v 'ir �c'T`t fled n a .; reiLir recei.7t r:;Ztl(e ted, to the olt`owi.ne a idr<SS: its' ot Ljeoroetowll Vr'.oi"CiF"`tC)L",'7i, t ('til Sr �ecii oilr ,. .� � �✓<,T iv -Vi � i,__ I_ 11t, i s.i kl I t• i , rt >'b,il t,'l:at is iy` •�•�?Y,-• ( f 5 t.1 't s.'t C> sin i r rclpr T ti' reCt3rd S o 4 V'111i.1In On CClCl l i', Texa- e'ction 9. H n COLlrt tic C.C)ITT; etLint ILTris i:t;Cln det(,-''M,1I..1)'S MM?i CCl\'t'"all C, ti . IV IS \%:.1i.CA w}'- ;:I11F_'nt(1r,..g' ID j �'. inchUding the covellaTil.' 1C'VMNC.lT1� 7111\'C)11':nl :."S' mnne'%-a lo,n, thin tilt' reill+'aLil6cr of t.i.S I `_illaul I-C'MLIhl 1.71 rLltl i T-Iflied N, a 1110 THTE CIT ' GE GES}RGETOMAk'' ,TEXAS B v: i eii I\c Tlh : I'aLl. Gi,111CILMDU?"e _ _. _...� ....w._ r , clge (}_ Y �t T-Iflied N, a 1110 THTE CIT ' GE GES}RGETOMAk'' ,TEXAS B v: i eii I\c Tlh : I'aLl. Gi,111CILMDU?"e _ _. _...� ....w._ r , clge (}_ �t f r T-Iflied N, a 1110 THTE CIT ' GE GES}RGETOMAk'' ,TEXAS B v: i eii I\c Tlh : I'aLl. Gi,111CILMDU?"e _ _. _...� ....w._ r , clge (}_ .. ell Notary Public! Sta#pof 1pxx. s �- My Commission Explf E;, �,� pP t1ti r 04 le IllARCt' k�� GC I9 al" T .`xclb l lif is S TLII11tIlt l'1'1� d T IlC t1'i"Ci ECi i�LJ: )T"r' me On ti c �r� l by `* `! >., ,`'• r if r:. .r i' �' T. ID a j ix .)fFT�ID �. t1r ?e�.r •.,v{tti f>.ri <1 LXt)itf.; >? Y:3s 3t Arew THE ST `l C�� TL` �y ; r-� r r) !1- v , ;Y r'. C i3:"5' I�tf }If SCat[ C) r llf4 fi i✓t:"ument was Gf l.l�.�f�i��;.�.. f�°1.��.���li brifo;...o P -n c.)n 1-m_' clan .�—_...<.. ......._._ n Nota:'"\' Tlublic 5 ll1 lI ?" lI?l :t 11"Gi8 dLIC7lC1t�'1( cst' l}elc)i'e 3Tie OIi tt1� b .._..___ Ckd : 7i nv tiotar` Pull) Iic„ �e c): c}x74 '4l «; 6� m • mS ,z �' 6m 3 222TT '1 pea :3 % ; 9e e «; 6� m • mS ,z �' 6m 3 pea 9e e Gz 2a5« SGGOf xa AFTER RECORDING R.ETURIN « .gFom Admm auv,« mmu@ h vdg :rte mice: GIN, of y7 « P:.sm4G ;»m« vel m,m a ,mom �y7m; Gunn Property #07}8#7 7rGEOR,G/WNSeptember 7200 * TEXAS x�m r _ _y : a< y � z » � —>� a . 2dI I« ,- \ . \4.4 0,§ Gunn Property #07}8#7 7rGEOR,G/WNSeptember 7200 * TEXAS x�m r _ _y : a< y � z » � —>� a . EXH16,17 C,2 L. STATE OF TEXAS �. COI NT : E _ S l CITY OF GEORGETOWN° TEXAS CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (t=he "City") and the undersigned property owner(s) (the "Owner";. The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson County, Texas, which is more particularly and separately described in the attached Exhibit "A and WHEREAS, the Property is currently located in the extraterritorial jurisdiction, of the City, and has been appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the Cit, has begun the process to institute annexation proceedings on all or portions of the Property- and has held public hearings on September 9, 2008 and. September 23, 2008; and WHEREAS, the Owner desires to have the Property, remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement, and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, ;n order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City- acknowledge that this Agreement is binding upon the Cite and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 2008 annexation dev agree Wolf F«73858 Page 1 of 12 8• Section; L. Continuance of Extraterritorial urist a tu S. i he Ali:` araIttees the contin`�. ation not' the extraterritorial sat is of the 'tlwnei ZS Property, its immunity horn annexation by the City, and its immunity from v'ry property taxes, for the TerrrL of this n.greerner`4t, subject to the proviSions of this Agreement. 1.2 Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation pian for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this .Agreement, then the Cite shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Cade. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Other Uses 2.i The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the City. 2.2 The Owner covenants and agrees that the Owner will not file any type of application for a subdivision plat or other development -related approval for the Propert r with Williamson County or the City until the Property has been annexed into, and zoned by, the City. 2.3 The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the cityr limits, until the Property h, asbeen annexed into, and zoned by, the Cite. The Owner also covenants and agrees that the City's AG—Agriculture zoning district requirements apply to the Property, and that the Property% shall be used only far AG— Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct cm accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.4 The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGN'S THIS AGREEMENT COVENANTS AND AGREES, JOINTLY LY AN'D SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY ALAI x'T ANrY AND ALL LEGAL CLAMIS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CIi`i"S RELIANCE ON THIS AGREEMENT. 2008 annexation dev agree Wolf 8473858 Pace 2 of 12 eyLhj Section w. Effect of Certain Filings or Actions. 3.1 The Owner aci� nowledges that if any` appliCaHCon for a Fiat Or other e Ie1 p een - re;ated approval is flied In violation of t. s A re=ent, or If the CiiieF CbP ce%C=s clevelopment of the Property in violation of this Agreement, then in adal ion to the City's other remedies, such act(s1 will constitute a petition- for voluntary" annexation ?iv the Owner, and the property Will be subject to annexation at the discretion of the Cite sh, th Council.1Yie OWneZ agrees that such itui rcxdtivii �i a.h sa be voluntary and e Owner hereby consents to such annexation as though a petition for such annexa ion had been tendered by the Owner. 3.2 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby Waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that Would otherwise exist by virtue of any actions Oshrner has taken in violation of Section 2 herein. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, Wildlife management, or timber, in the same manner such regulations are enforced Within the City's boundaries. J 4.2 The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section S. Term; Annexation On or after the End of the Terre 5.1 The term of this Agreement (the "Terri") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary, unless sooner terminated as provided for in Section 3, above, or if the Property no longer has an exemption from ad valorem taxes for agricultural, Wildlife management, or timber land. If this Agreement is terminated because the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shall be the effective date of such change in exemption status for ad valorem tax purposes. 5.2 The Owner, and all of the Owner`s heirs, successors and assigns shall be deemed y annexation before the end of the Terns, for LO have tiled a petition for voluntar annexation of the Property to be completed on or after the end of the Term=. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection With annexation pursuant to this section, the Owners hereby Waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the 'Texas Local Government Code that would otherwise exist by virtue of any plat or construction Page 3 of EVC/' any" of the owners may initiate during the time between the expiration of this .nCreernent and tt e ir.stitutio? of annexation proceedings by he Citi . Section t;0 Zoning o.I Property annexedd pursuant to this Agreement will int ialiv zoned AG — Agrioulture pursuant to the Cit ,s unified Development Code. b.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Pian, and other policies of the City. Section 7. )'notice. 7.1 Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. 7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (I4) days of any change in the agricultural, wildlife management or timber land tax exemption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Williamson County, Texas. Section 9. ;f a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then he remainder of this Agreement shall remain in fu11 force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation sh=all affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for his Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts arid, upon execution, shall constitute one and same instrument. Page 4 of R" exhiblot Section 141. Inis Agreement snail survive its termination to trig extent necessary IC}r tl"te te rovifls �, and J herein. ,,mplenlentatc- 0n Entered into phi` f da€- of 2008. OWNERISS : Printed Naak: Thomas C . Baird, Temporary Administrator of the Estate of Bettie Slack Wolf, Deceased Annexation Area: WCAD R4I3858 3.83 Acres THE STATE OF TEXAS } COUNTY OF ? TI -his instrument was acknowledged before me on the day of `)q66 21008, by Thomas C. Baird, Temporant :administrator of the Estate of Bettie Black Wolf, Deceased. Notary public, State of Texas Wary Plane • &isle of Texes 009mistiop Expires: 09107111 h Entered into t�zs�� a of l OWNER(S): iudy Dean Wolf Hidelang Annexation Area: WCAD R473858 3.83 Acres THE STATE OF TEXAS COUNTY OF jW0,WSJ r, } This instrument was acknowledged before me on the day of OV ' 008, by Judy Dean Wolf Hindelang, Ovv>ner, t' ° Vlo�ETA GO EZ No""i Pubk, StSte Of Tex&4 My GOfTn' tXP O&OF,2012 J Ent red into this. Idac� oz OWNER(S): ;777 Printed Name: Susan Tane Wolf Robertson Annexation Area: WCAI 8473858 3.83 Acres THE STATE OF TEXAS COUNTY OF W t ; 1 i amson } This instrume 2008, by t was acknowledged before me on the Susan lane Wolf Robertson; Owner. G PU .� .h JEHEKAIIWH HOLLIS 'r No—wry P' bile; Sate e; texas GtQ My Comm. xpires 04-16-2041 aF 2008 annexation dei agree Wolf 8473858 Page 2 0; 12 I ay of .ntered into til 5 da'v' v^i ✓'v i. 7l €4, 0 ! V� 4k Printed Name: J� L,ebn/t�r'olf, Jr. Annexation Area: WCAD 8473858 3.83 Acres Alabama THE STATE OF TAN } COUN-TY OF Montgomery { This instrument was acknowledged before me on the day of 2008, by jay Leon Wolf, Jr., Owner. Public, State of `1 Ae A 1 a barna ;a7"i Ak"4 f'Ei$t.:iC'fi'S ;t :n-; OF .ALABOvIA i; i?O€TUFDs TJIRE' A'(MkRY J�tWKIf(- P.• ♦ of l ilr:, Entered into this2day of Printed ?lame: 6114 Annexation Area: Wolf McLachlan WCAD 8473858 3.83 Acres THE STATE OF TEXAS COUNTY OF WilI Ca jn I This instrument was acknowledged before 2008, by Iva Wolf McLachlan, Owner. JULIA LA LEY NOTARY PUBLIC STATE OF ;"ESA AV .ESR ;' 2/ u l { 2008 annexation dev agree Volt 8473858 Page 9 of 12 me on the day of Public, State of Texas Entered 1r2 t{3 this ^ day of % 4t6l✓?"l /.Y 2008. Printed Name: iames David Wolf Annexation Area: WCAD 8473858 3.83 Acres THE STATS, OF TEXAS COUNTY OF 'J VV k This instrument was acknowledged before me on the day of 2008, by james David Wolf, Owner. os" Y''� ` LINDA B0YD GRAVES *� tiotar + PuhbIi , State of Texas fav commission l;xpires SEPTE(t",BH 20, 20;' THE STATE OF TEXAS COT NTY OF WILLIAMSON Notary Public, State ortexas THE. CITY OF GEORGETOWN, TEXAS Bv: Printed Name: Paul Brandenburg; Title: City Manager. This instrument was acknowledged before me on the day of 2008, by Paul Brandenburg, City ?Manager, Citv of Georgetown, Texas. N'otary Public, State of Texas AFTER RECORDING* RETURN TO: 2008 annexation dev agree Wolf 8473858 Page 10 of 12 Karen Hr.lst, AdmLmstrativ e Supe°rviso: Coznrnwiry Develot)men; City cif Leer` etov��n, i exas P.O. Box 1,'58 ueorPtotilTn, Texas 78627 2008 annexation dev agree Wolf 8473858 Page l: of 12 EXHIBIT A PROPERTY DESCRIP7101--; Page 12of 12 S'T`ATE CSE T ERAS C O��N , OF WML i,� MSON CITYOF GEO GETOWN, TEXAS CHAN'T'ER 43 TEXAS LOCAL GOVERNMENT CODE. DEVELtr PMENT AGRE,EMEN'T' This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between tate City of Georgetown, Texas (the "City") and the undersigned property owner(s) (the IyOwmer"). The term. "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property') in Williamson County, Texas, which is more particularly and separately described in the attached Exhibit "A and WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the City, and has been appraised for aa' valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of the Property and has held public hearings on September R, 2008 and September 23, 2005; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Secti iri Continuance of Extraterritorial jz��isdic or, Status, 7..i The CSty guarantees the conti,hUation of tl extratE'rri torial sm E'. s of the Cv. e. s property, i}s immunity trom annexation b`t*ie City, and its immunity from Cita' property taxes, or the Term of this Agreement, sub,ect to tale pTo.-"isioils of titin Agreement. 1.2 Except as provid ed in this Agreement, the City agrees not to annex the Property; agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement, However, it the Property is annexed pursuant to the `terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code, Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use,: Prohibition Against dither Uses 2.1 The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the Citi''. 2.2 The Owner covenants and agrees that the Owner will not file any type o€ application for a subdivision plat or other development -related approval for the Property with Williamson County or the City until the Property has been annexed into, and zoned by, the City, 2.3 The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the Citi . The Owner also covenants and agrees that the City's AG—Agriculture zoning district requirements apply to the Property:, and that the Property shall be used only for AG— Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.4 The Owner acknowledges that each and every owner of the Property roust sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, TOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP IINTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE. CITY'S RELIANCE ON THIS AGREEMENT, Section 3. affect of Certain Filings or fictions. 3.2 The Owner acknov`ledges that if an`y' app'ication for a. plat or o her deve Op nent- related approval is tiled LTL vicdauC}n of this Agreement, or a ti-te Owner i r ,dice cievelopmerit Ot the Property in violation of this Agreement, �1eri 1n aElditloil tC the City's Other remedies, such act(s) will constitute a petFron for voluntary annexation bYN7 the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 3.2 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner such regulations are enforced within the City's boundaries. 4.2 The City states and specifically reserves its authority pursuant to Chapter 252 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. 'Perm, Annexation On or After the End of the Term. 5.1 The 'term of this Agreement (the "Term") is fifteen (15) years from the date that the City Mianager's signature to this Agreement is acknowledged by a public notary, unless sooner terminated as provided for in Section 3, above, or if the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land. If this Agreement is terminated because the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shall be the effective date of such change in exemption status for ad valorem tax purposes. 52 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed. to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any or the owners may initiate Cs5 ring'he time bett'.'eeZt the explratio e of tlt. i?gTee�Ye t and the institution of annexation proceedings Dy the I.Ity. erection :toning 6.? Proper' annexe ^ursuant to h:s Agreeme�it "7il init,aly be zoned AG — City Ag icczl ure pursuant to es untried Development Code. 6.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Plan, and other policies of the City. Section. 7. Notice. 7.1 Anv person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. 7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (14) days of any change in the agricultural, wildlife management or timber land tax exemption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, 'Texas 78627 Section fi. This Agreement shall run with the Property and be recorded in the real property records of Williamson County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 1.2, Venue for this Agreement shall be in Williamson `:ounty, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 1.44, This Agreemem shall survive its tern mato;: to crane extent necessary for the LmpiernePntation of the provisions Of SeC Ont s .5, 4, and ?'herein. t i {:f rnrered into E is as of , u �- 2008, O NER(S Printed Name: Thomas C. Baird, Temporary Administrator of the Estate of Bettie Mack Wolf, Deceased Annexation Area: WOAD R039930 ' ?3 g acres THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the clay of , 2008. by Thomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased. m Notary Public, State of Texas — PAT lM lo. SIMEGE i= . ##�[�rp Pg##t • 3Y�te of Tess 1: .- . .. Page 5 oil 12 r nnte e'd into. lhis day of t` + " P "" 20088. r'rrintec game: Judy Dean WolV l Annexation Area: WC AD_R039930 73,4Q Facres THE STATE OF TEXAS COUNTY OF ASO rl J This instrument was acknowledged before me on the N3�j�'V i l 2008, by Judy Dean Wolf Hinclelang, Owner. 054,11111 1111111 • 2008 annexation dev agree Wolf 8039930 Page 6 of 12 day of �,°.-ctered iT :.`.�, .£.,t'.ttJ``.�•.-'t�r��a;, ..�}� ff ��'"✓/�...�.��i!�tV1 `�; OWNER(S): Printed ?Warne: Susan Jane Wolf Robertson Annexation Area: WCAD R039930 731 49 acres THE STATE OF TEXAS i COUNTY OF W! 1 '; i amson This instrument was acknowledged before me on the �` day of 2008, by Susan Jane Wolf Robertson., Owner. a`"" PUez J=REMIAH HOI I Q 2 y Notary Public. State of Texas I& Comm. Expires 04.18-2011 tlf Page 7 of 12 ogoo b , ow F Name: J Annexation Area: WOAD 8039930 Wolf, Jr. 73<L9 Acres Alabama THE ST ATL OF TEAL I COUNTY OF Montgomery' This instrument was acknowledged before me on the day of 2008, bN- jay Leon Wolf, Jr., Owner. Public, State of TOX* Alabama 2008 annexation R0399301 Page. of 12 0go, 2ooM3 lvntere•d i?to thi- OWNER(S), IFUJ+ MEWW +OWAYAW Printed Name: Iv olf Mdl Lac Annexation Area: WCC D 8039930 7 3.Ly Acres THE STAVE OF TEXAS ) COL:�TTY OF Vji It *' 11 This instrument was acknowledged before me on the f)!�:; 41� clay of 2008, by Iva Wolf McLachlan, Owner. JULIbA L RAUU- T NOTARY PUBLIC, STATE OF TEXAS Y CO .EXP. 02/12'2011 71 -787 -5 -17 -77 -7 -anon oev agree 7M RUT�M Page 9 of 12 i jiD. o F Exhnoolf i 3 Natrs� Public, State of Texas s t.`.-rE'4.t ir`tto this a__` ups of <_3Le'' V: Eo OWN EER (S) - printed Name: James DmTid Wolf Annexation Area: WCAD 8039930 73.9 Acres THE STATE OF TEXAS j COUNTY OF t l i ��evq This instrument was acknowledged before me on the 2008, by James David Wolf , Owner. J I.Ayp ,� i n �P LAD J�� GRAVtZ) a ivu+aty Puuim, State at Texas ' Nay Ger mission Expires M6HNea a _� THE STATE OF TEXAS } CO N1 7Y OF WILLIAMSON i Notary Public, State of Texas day of THE CITY OF GEORGETOWN, TEXAS By: J Printed Name: Paul Brandenburg_ Title: City Manager This instrument was acknowledged before me on the 2008, by Paul Brandenburg, City Manager, City of Georgetown, Notary Public, State of Texas AFTER RECORDING RETURN TO: Karen Frost, Administrative Supenrisor =f87M.exavon oeve + Page 10 of 12 X00V73 day of Texas. Comm.urity i�eveiopmerc r City r�_ veo�getvWn, Texas I3 C. Box 1-458 Georgetovvr, Texas 78627 2008 annexation lev agree Wolf RO39930 Page 11 of 12 PROPERTY DESCRIFT ION Page of OCAD {. HIBIi - k STATE Oa TEAS' OUl° tti' OFWIL..IANI VI1ON CIT" mit- G EORZGETOWN, TEXAS CHAPTER 4� TEAS LOCAL GOVERNI CODE IDEVEL0PMEINITAGREE11\4ENT it22SAz,�l`�'t'.II21'Ili is E:'Iltt'.rE.':7 into pursuant tUSt'.c11U,'1 '�.J.UJ and�.�:..17"i.i.._ t1i deiekil LOcal C C)4'errlln 'nt Code Dy- atld ilf t41'2E,'n the (.Its' o° L eory tmN I1, f! E tis the "City" ; un the undersigned property% cm-mner{sj (the "Owner". i�he tt'rnl "Dwrler includes all Owners of the r'n cep ert� . WHEREAS, the Ovmcr own; a parcel 0 real prapert\ (tie "Property in tvillizlmsorl County, //iexas, whiCC1 Is more articularly arid separatei.v Gescribed i1i the attidictCi Exhibit ".e4l and WHEREAS, the Property is currently -located in the extraterritt)rial jurisdicti Il Of tht CJH,' and has bell al ?rl',sC'G rOr ad vied arc7iG t"ax L}urCOses as ;1TIC} I -or a`ri tl ttlrcil Or tilVildlife manacrement use under Subchapter C or D, Chapter , 'i ax C C)de, Qr as ti_mbFel land under Subchapter E of that cha4pter; and WHEREAS, the City has bewrun title process to lnstitlite annexation rtroceC'_d n{rs 3P. all C)T porfiions o the Froperry and, has held pLlbhc hearings can Septenli�er �, 2Ci0S and S^pte:rdler ?J, 20088- and i k'fIEREAS, -le OV,'ner desires t{ have t?le' Pro r.)ert�' renicdn in the C`ih' s exti ftE'_ itorial }Ltrls iCtl{)Il; II"T Ct)11sIC}''riition f, r v,?hick the 0� .vIn I' a`7'ee5 iCr eT:Ftf'I' IntO tt21s 1`,.?"E E Pl(21'; iinC2 WI EREAS, this AS, Trc'ement is entered into} pursuant io Sections 410 i and ?1?.l7 ;�; the Texas Local Government Code, in order to address the clesir< s a the ()Nvner and tj1E'. procedLTres of flhe Cit -v; and WHEREAS, the OW °per and the Citi- acicl20G,liedge that this <Zyleemer t Is Ci;lCin upon the Cit^_v and. the Owner and their respective succe sors an assif ns In:' the terup, (dezined belo4l'j of this Agreement anci I'' t s Development r cl s e.1 l 5^ to I F > > co d -s ��'��r�EAS, tll1.. .-i4 T�.C7ilc,lt I;i tL. �iE' P'tCOri`I. 1F the ��t'_d � Y<)�frl'tt' ��.E'.�....1".,: Oil Williamson Count4', Te\ats at the expense of the GtW+. NOW, THEREFORE, in coris deration cli the mutual CC)l'enartts contained 1" ereirl, the parties hereto a¢ree as follo;Wis: Air uric r; D> , . vlc)rn n! re. n7 nt flag: 1 Chi 5 Section i, Continuance of Extraterritorial iunsd iction Statin. ... 1 . I `r "if <Y �'>•" . T iii` �? ,� i j'i? fir•}• r '�'... ��� t� t .<r"n _. l Cm,* guarail, Z�L e .oil uciti-f.. �. L. St � -. tit�.��'tt_1�Ic...1 -.c�;; ��, Let.. �-re t j i� h, i ) 1�,��'.' litr ttiE' �.}iw.` all C'� il.s dil l?1:n «' iroITl L't\% rc• ert;, its In,.,<<,ni , ,rom, aI I,.,;utio; _ prof eit\' is Xes, tOl" t.le t'rT Z J' }1'S _3 t C:_7Ti 7 i, sU i'2Ct Io rt 3( I7 C?Z :Si )i75 Csi 'I, i. A ar^ernen T x�e It a S provide ecl ll? Ellis A zTree27Z 'Rt, the CItj' ag ?"ce* Ilot tCt 1I21' t e 1' I C7L7t'I t" ' agi"ees not to iliv0lLLntaT-i1v Institute proceedings to an ex the 1'r p �'t�s', a C! f"tlrt}ilii' agrees not to incluic.e the 1 ropeft,V in a Stat`ut-Ory an-nexatIon pian for t'lE i'r n of tn1S AgreeInerii 1 owevet', if the Propert1'' is anne\00 PurisUant to trice t! -'':'ms Of L iS Acrreernerit, then the l..Ity Shall 17 C?vlE'e senrices to tle I' opertiv pi:rs�iant to t Ila tET J of the Texas Local Government Code. Section 2. Continuance of agriculture, Wildlife Management, or Timberland Use; Prohibitiongainst Other Uses 7,1 the Q;hner Ct?Vei1G3IltS anal aQ,rees riot to use the PI'Opert ic?I' any 111 (1 other t1Zal? for agriculture, wildlife management, anti/or timber Ialid consistent witll Chapter 20 ) the Texas Tax Code, except for any existing single-family residential use of ffifO Propert} W iithoul tle prior written consent of the Cit!'. 12 rile Owner covenants and agrees that the Owner SNIll not file any type of apps ation for a subdivision �7iat Or of or developmeni-related ihpproval fol" th I'1rapert � IF with william-Son County or the City until the Property has been ti n -hexed into, all i zollec' b; , ,he City. %. The `ivvner coveTiants and a`: `eeS not to Lx)nstn LiCt, 01 ailt?tV t0 [?e CiJIZStrUCtEd, a y llLllld?.I1 S C?T1 the I'IC pE;"t;'that th'ouid reouire a nuilding permit if tele 1 operty were IF I in tale C:ty limits, until tile. Property has been annexed into, and zoned thy; elle (�S`it'. T112 Ov, ner also covenants and a(yTees Chat the City's Ate:—.�tir3C[€ltllre '.Olz nor il.5tl'] requireInents apply to the i''roperty, and that the Property shall be used only i"or AG— Agriculture zoning; uses that exist ori that Properhi at the gime of the execution of this Agreement, un,les otherwise provided in this Agreement. i 1c�t,�1e'r r, the C.)w.ler tna} co StTUCt an accessofv Structure to an e\ist`1I3o single farnily dwelling in compliance wit? all applicable City ordinances and Cosies. .=F The l ill`iZel' a ti.l:l"tilt%'i['liges that eels' and i'i`<C\' c:%1';3E'I` OT t:11C I-�:"C?p%'.I this Agreement in order .for the _ greement to tai e ft1 1 effect, AND THE 01•11 \'ER W?f-IO SiGNS THIS AGRE E\ E.NT COV1..NA.INTS.=` ND AGREES, JOINTI Y AND S.E ERAT T , TO INDEMNIFY, HO'LD HARMLESS, kND DEFEND Ti -`Ir C1 TY AGAINST ANY AND AI.,L LEGAL CLAII�,IS, BY ANY 11F.RSON CLA11M.NG A OWNERSHTJ INTEREST IN TF;E FROPF:PTY WHO HAS NOT S1,GNE=D THF AGREENTENT, ARISI. G IN ANY 'AY FRO\'1 Tr -IE. CITY'S RE' IAACF ON THIS AGREE\/1ENT. SeCtioTi ". Effect of Certain Finn s or_ Actions. :.! i`e1`n: 3Cf.I )iG'ieL?c S fila: LI i3n`,' urlt il(:ch )I, l0 Yi"ctt ie.�1C l li �`!-7,,r Cat? ?t !t -ii -At1Ia.i,y "o alml�r ^i r " iC\'E!E)pineP.t cis ttl[ l`I".sJertV iI Zrl()sltl7n a tll.'S r eill[` th'n LIi a'LCitl )n jC'• `nt ki"3 s lit 4+ rfi It t.ke ,, such 3C1i�` t1':li Co?lstkt%tf is D 1% -Ion 1'.or vmunt-ary ail tne'Lt41';t'..i, 2llii isle property 11'lll be s)ubiec l0 afnnex%ciuon a! .:ie 10iscrerio Ji n(2 M �Ot':nCil. 111E 4}Ch'Iler agrees t:1di S i trt cl2lneXL1t10I1 Sillll ie VC)l I21iirC' cTlrl tllE' L1VC' 11erern, Conscntl V to SuCh artn1 xaz lon as thoL.oll F.,et-iihE R fo;" suCh an lE'.xat7C Il i13G heep tellcler xci by the 'Uvmel.. 3. If annexation proc edillos begin pursuant to this ectiol:, tllE' C'\'IIEr r ,' 2. .� F h t CJr _ '+"t Aserves x ` r I e t ,"t r. acknoti� "e -, a .s ,h�.t tni__ cr ee� 1�ilf as as exception to . ,)ca: Government �)ci ' ,;ei't;'.Ti �:`V') requiring a nlun:iclpalitl to use certain slat-utolV pi-oCE'dures under an <lnn�'XaT1C3T1 r7iZri. Furtherin.ore, the �?1� ner nerobv waives ally 3ilt�l.. al.l vE'SieC� 'IV C'11110 C'11110 Claims that the�7 MCIV 1-tave under SeLt[oI. z:) 002(a)(i) anc� Chapter �. c . Ile J ,<., uocaf 1..7 (i lJ,'I'Il llle7lt Cotfe illat would Otn,V IscEXsiC1 �Cvn EI11s t1k:3114, ' . by sCyt in violation of SeCtioll 2 heIreill. Section 4. Enforcement of Cite Regulations 4,7 Pursuant to Sections 43.03 t(b)(1)(�i of the '1exls I c�cai Crc)1'eltl nen Ccxae, the 1`ih! 2s auttlo rI.Ze_d, to enforce all of the Cit')' s re�L,.afI0I1,S art Ci I iannina and tit\' iilat do not mat rlally injerferC yvith t1l Ee LISe of the Froperty for ap;riculture, -tivildllfe ?71�It E'.iTient,+0?" t?I71hrc'r, ill the scilne Mann 'r fiU ll I'£yLl.latltlllS ar+ e71tC)I'Ce4i Ct€ttlLl the CItv's boundarie, . t.� i le City stales and specifical y re.srCrves its ai-Ii orit"y pursuant to `�.i1r"zpie 251 o' t.il tE «ti Local l ovE'lnmcnt Code to exercise eminent domain overmI'C)p+crfV til2f 1s SLibleCt to a Ctrs pte 43 II1C<,'C)I' Chit1 tC t' �' Cle1elC)pI11EI1t�reelnE'Ilt. Section 5. Term; annexation On or After the End of the Term. .i ine term of this Agreemenet (the "Term") 7' fi teen NC?) vears f?Ciin the life fllaf the Citt' Nelanage''s sicyP?attire to tlisacl noNvle.Mve l bC' a ptI'LILIC it{)t.al'}', Li71ie5s SC)Oil r IeI n1 11ted aS prClvlded for in Section 3, above; r iF the I ropert�' no lC3nr�Cr has an exE'nlptlon from aa-valo7en, taxes for agricultural,S1I C"i e man.agEInE'Il'i, or tiIni7Er an d. If this Agreelment is terminated beCause the PropEert r1 > l(7I1 eI' 1135 all exC,iir) )n ej froth a. Lti?LC)7'C'7t? taxes f C i` a gric-.Iltiir al, wildlife IncanaL'E nleSi}, O t7I]liier land, then til.' e.ffec Live C7ate of such termination shall lie the effeCt-iv ' date o SLICh C1=an(YEl ill exemption status for aa' '-valo7'G71'1 tax -purpose's. I. he ONA-, ler, and all of the Ovvner's heirs, successors and a ssi`sn" c;ha i be deemed to have file a petition for voluntary annexation be]ciI' the E'n0 C}1 the �^eA I fC)r annexation of the Froperty to be completed on or after the. Ili of the `I erm. '; it)r to the encs of file Ter Ill, the City may con-imencQ the voluntary at171EX; tiC)Il of the I'ropE'.rtI'll connection 4t"I :II 1llnexaTIoll pUrSLi�llt tC) tlil.s S2CtlC}n, file oto/vnelrs herE'.t?C' waive any vested r orhts thele 1na;y have under Section 41002(a)(2) and Chap t;xr 24 f the Texas ?.nnexetioll )eveloptnent Agreemcnt VVV EX Rl I .�.«.•nr a 'i-'" ti.4.� ?Tit i 'L OC1C i i 7 +'t r�n'<.T.r ^�5�. �'}` t :�. ' ,t.f_5 C): ar; 'r' :.3ui t l T4 0 lv Gt. �w iS :�.r �LT_'�,`_^r t_...ut3 C+h is . all �, �} CYC of t.h ov%m 1. l 'i i G- !`s ,.�` F G.t n `z i 'I 0 av initiateci] 'irt. the am b �.tln ccn f1? xp,rat_on t . j- 1. t'r ,l. c?rlC.i tn.l LIlSZIt'atiC)n of 3ann4?:.rl. io^ ;I oce'Cii?irs 't7v t1t'...,F'i, is �eCti[ir b. Zoninor tri y) d- caP_nexed .-ti::=5iii7ilt _O ii11 Ig,ric ?itu e pLIrSUant to iile "i - iJ1';.iii d Dcwelor)rilel11 Ct)0e- 6.- ki'ner mat' Hic ar apy�ilCat?oIi 1'or I?t)ft?Ul, LC)TIIn`I claS cfI atTOTi, a7lo <lilt' SttC;i appliCatlon s -)a11 be re�'1e1.ved and considered In accordanC.e. 1471fii IC then-curren, rf' !liar ons, orC7 ilanCeS, �oinpr"eiTeilStVE' Plan, Title: o'i1? 'r� }i; CieS Cl, t1?t Section r. Notice. !.i _1i15 person t,'llo SCIiS or Con;'evs ariv pC)rtioi? of the 1110r)ert;? ST. r7rior to SuCn SAIL or COilVF1%anCE, Il%[ l=�'?Itt Ii notice of this rl�?'eF?I71e71t t0 the }inS� 1 11 1 I1L12"CilaS' t C}r Slrctrltee, and shall give t,N7?tten notice or the is?1C or CC7rt�+EVailCe. to E11e 4;TV. `caner and the t,)wmer's heirs, succeSSe)r Ei7?C? c?SSI`rns shall cl—ive the t..t t\' t't'rlft'`ii I?otic o Vd}thin fourteen (14) Ciays of anti change hi the ayr cu ur?1', -wildlife manac% erne nt or timber land tax exe.rnpLion Status Of rile PrDpF rte'. I . A cop ' of any Ilotice reayui.red b this Aareem. ,Cntt shall be in v1'r7ting and tient to U -1e Cit?' via Certified t ails, retun, reCeipt requested. to it?E f0ii:?l�'ii?g ill:r'.cr; ,4 T Of LTE oI'1 (iC8 , Attn: C:itt' Nda naaer Box .'3g C;eC}ryet0wn, Texas 7 862 Section O, 7Ns Agreennent shall T -un ih'ith the l ,o,'Teril' and ne reCoreieC! in t1he real properh reCort s of VVill.iamsor, Countt�, "Texas. Section , if a co -Lin of coin pe ent j'al s'1?Ct1o1? OCterM nn that aI11` C'C) 'ellaf?: t i t111S ;Ceai!rgreeTeni IS void oIUlenfolceable, ll:ludino the Cole7lTIli%C?;L+]1t1r1 arLnexatlon, then the remainder of thJs oreeinent shall reina n in full force anti effect. Section 0. `l'i-lis AcTreemenf nmay be enforced by irw Owner or the Cite by amt-, proce�=dingy at la�� or i.I3 e�uit�.>. failure to Lio so shall no; «� cic3c:neci a Gs a i er to :i�ic)r' e the provisions of this : i` I"e@Incl? MereafteI'. Section 11. leo siibSequent cl?anye Jr) the la1-t' reoard.ing ari-i.exatiori Shall atfeCi the nforceabllit�' of this Acrec'i71ent or the l..ity's ability to, artnex the pro;")erties covered herein? ,lursua-nt to the terms of this A zreeme-nt. Section 12. venTae for thjs Agreement shall be in Willia_nS-on County, Texas. Section 1]. !ills AgreerneIlt maV JC SC'paratel CxeCUteei 2n individual counterpart's and upon execution, shall constitute one and same histrument. o .: i4'CtL^�Tt S _ ,. t iC., -tom f ,1pic- � Ci ' Xtuilf:: o ( _.moi ` , f t., = I,ate �1 �U_C I , t C : lLro?3 .u.1 % C� t.) Ol':IIE rr v1 sion5 Cts _`i�Ct:CII�c t, an t GI a i:iltu C1i,: �k Licci1' VY'@r1@3.:+Ri.ii_ DRi lY Y' J. �IYi c C ,- d- f - ^ t_ 7? Ice., .��^ • i Til itCU � t aI21�.c. -,� c�, �. Y f_. Printed' Name: ��� 4:vx .. Mme„ J v .._. �... h t �• �l�T".... 13:"311tECt 1<I?E': Printed Name: TTHE 070 OF CTE.N RGETOINTN; TEXAS �T1IlteC. Narno: Paul BI'cl.'.1C3£',71burt? Due: cit�; Manager N " F P 177 f 'ID; Tg£ 2 OF 222«3 C0'N�V ! 1 593 @ as m t « a 20+@6 3 S± mem me ,20 .5y ,Sw 11r Not61d State ' x Tj- = A '?E&&5 } C9d&n`OF } 2s 6. Dm f m ac a r4 d beds n the 9 , ,»»U% b .w. Notcil Public, yamsC\aSl TSES!«T3 01±3&&3 ) C UVITY 01- inistrumont& a m @dyed before me on t o yot2l b ,State T 6 THE STATE O£" d«S ! COUNT OF l This 6 u e t wos a.-knoNvIccicyed t 2 me on a e o 20081t Owner. Gomes 2uE2« ya« ' x F \#40Sf^ƒ/ day a 3:y A Jay of T';?1 instT_ IL12 en, wast ackn ?�•�%iE?C geo. t'efor .:itE' J ? !' 1� 200S, ov 1aul r311 2E'.1��ti"z1 City Ndarta4F'P' , 'itt' Notary Pul lic, State o; 1 exas 11FTER. RECORDING RET -URN TO: Kal'€'_t �. frost, AC?.It mist atilt'. .ILSS:Stant (-1urn T1:11nihr and DeN%Lli.ipTiler t Se\4CE'S Citi, of Georgetown, Texas I"I.D. Box 409 Georpotown, Taxas 2 IC�Xall()11 C day o EXZS. u V/Z 4 '4t 'L :i[ Propertyi ;,yam.v � September 17, 2008 TEXAS� • 8315431 Deed Ref.: Legend '^• Siie ((a� M Number Noted', gg Cunene CiEV iemits. Rat :rrolvfIV 13rie 0 ci �f f4� Isle :.'nisi Body C,ihi:Ni,rnle'vsst^rar 7ecas S2 a C4 �riif'r�Pnc 2unC7tVf � h� dS Fiei (:ancsrsaMc Paan For CrneraLPkaaninF,Pur{ vo Uxel4 Exhibit D I. INTRODUCTION CITY Or GEORGETOWN .^�"-s.�'l F'R'?'XA TIOlx SERVIi°C.TE PLAT`: AREA No, 2 A�OTT Tr^Tr t' mr} /'gym CYT o- ��zcr� ✓Is i taI r i� DATE: DLICIL BER s"1, 2008 his Service Plan (the "Plan") is made by the Cite of GeorgetmAm, Texas ("City") pursuant to Sections 43.056(b) -(o); 4nm 3.062, and 43.052(h)(i) of the Texas Local Government Code ("LGC"). This Plan relates to the annexation into the Citv of the land shmvIll on Exhibit "A" to this Service Plan, which is referred to as "2008 Annexation Area NW2". The provisions of this Plan ti/vere made available for public isnspection and explained to the public at the t%1ro public hearings held by the City= on September 9, 2008 and September 23, 2008 in accordance with Section 43.056(j) of the LGC. II. TERM OF SERVICE 'LAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the Cite Council and must be accomplished by Ordinance. III, INTENT It is the intent of the City that municipal services under this Plan s11alI provide municipal services in accordance with the timetables required by the LGC. The Cih/ reserves the rights guaranteed to it by the LGC to amend this Pian if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unla«rful. IV. CIATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the armexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/z years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41//2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. .Annexation Service Plan for 2008 Annexations Page 1 of 13 .area Nw2 oaza i For the purposes of this Plan, "provision of services' includes having services provided by any method or means by which the Citv provides municipal services to ane other areas of the Cite, and may include causing or alto\vin` private L ti'ilt]eS, OvernZTlental en"ties, a ld other mut Service Organizations to provide such services b5' Contract, i1 �h' foie Or 1n parand n,ay liiCltlde duties on the part or a pri\'ate'lanoo�tN'ner with regard to such serviCeS. In addition, in accordance with Section 43.056(8; of the LCC, if before annexation the arLnexed area had a lower level of services, �intraStructure,. anu infr asi ucttl'e maintenance tfta i the sarne being provided by the Citi- to other areas within the City limits, this Piaiz s12a11 be construed to allow for the provision to the annexed area of a level of services, mtras%tructure, and infrastructure m�ail.tenance that is comparable to the level of services, infras ructure, a d infrastructure maintenance in other parts of the City with topographv,'and use, and population density similar to those reasonably contemplated or projected in the aluzexed area. V. SERVICES lila BE PROVIDED UPON ANNEXATION 1. Police Protection —Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. ?. Fire Protection and Emergency_ .Medical Services— Upon aruiexation, in the areas where the Citv has jurisdiction over fire protection and emergency medical services or a contract under which the Citv provides such services, the City of Georgetotim Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergence response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas 1.vithin the City limits. 3. Solid Waste Collection — Upon annexation, for occupied structures, the Citv will provide solid waste collection services to the annexed area in accordance with City ordinarices and policies in effect on the date of the annexation_. Ho�,\°ever, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the Citv is prevented. from providing waste aste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City - owned water and wastewater facilities that exist in the a��nexed area vTill be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the Cittr shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained Lri the UDC or referred to therein have not been complied ihrith in full. Annexation, Service Pian for 2008 Annexations Page? of L Area Nin'? o KD® a 6 4 �. Operation and Maintenance of Streets, Roads, and Street Lighting - The Cita- will prop%ire preventatIve maintenance of i -I. exlSLMg public streets and. roads L1 11e armexed area over which it has jurisdiction through maintenance and preventative mair'itenance services suCh as emergency pavement repair; ice and snow rnonitor7uig; crack seal, sealcoat, siurl seal, and P 1 overlay; and other rout ne repair. ine Cit; shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a Cir -Avide basis and scheduled based on a varier`.-- of factors, including surface condition, rideability, age, traffic volume, functionaI classification; and available funding. As new streets are dedicated and accepted for maintenance they AnTill be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the Citi- shall not repair, maintain, install or provide anv streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full, With regard to street lighting. it is the policy of the Citi' of Georgeto«Tn that adequate street lighting for the protection of the public and property be installed inn all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utiltT standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area ('if anv) will be operated and maintained by the City in accordance with the Section 1220 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playo-rounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and SenTices - Should the City acquire any buildings, facilities or services necessa17' for municipal services in the annexed area, an appropriate Citi- department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Develo=ent Services; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the Cite Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. Annexation Service Plan. for 2008 Annexations Page 3 of 13 Area NT N opo, Xoog�?3 i° 10. Animal Control Senlices — The provisions of Chapter i of the Cite Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — lne t�rovisions of Chapter 61 of the Circ% Code Of OrdinanceS reiatino to business licenses and regulations (Carnivals Circ-ses arid, Other Exhibitions; Electrician's licenses; Gross receipts Charge or `fleet penia!; P eddlers and orI axiCabs, Muses and Othei �'eI17.des for. HJ P; Horse Lira h n Carriages and other Yvon-.1\4otorized VehiCles for Hire; Sexually Oriented B �.rsirle.=se- and .Alcoholic Beverages) shall apple in the annexed area. 12. health and Safety Regulations — The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. regulations Pertaining to Peace, Morals and �� elfare -- The provisions of Chapter 9 of the Cid Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. Irl. SERVICES To BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessant for providing municipal services for the annexation area as necessary for services that are provided direct'v by the Citi Z. Water and Wastewater Services— Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the ariilexed area that were served by a furictioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 1320 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may coritinue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development Of an;% property zn the annexed area, the provisions o Chapter i3 or` file : DC shall appy%. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension Annexation Service Plan for 2005 Annexations Page 4 of 13 Area NW2 of of water and wastewater services will be provided in accordance NATith the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the Ci�,T. �. Water and ��%aste��Tater Capital Improveanents Schedule — Because of the time required to design and, construct true necessary water and wastewater tacilltieS tv 5er Je M le a inexed area, certain services cannot be reasonably provided within 21h rears of the effective date of annexation. Therefore, in accordance Sections 43,065(b) and f, e'? of the LGC, the Cite shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capita] improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ? Nears from the effective date of annexation and will be substantially complete within 4 years from the effective date of annexation. However, the provisions of Section DTII of this Plan shall apple to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by tine Cit-- succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will: be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, y owner or developer install roads and streets at the which may require that the propert property m1mer's or developer's expense. It is anticipated that the developer of new subdi'�Tisions in the area will install street lighting in accordance iATith the City's standard policies and procedures. Provision of street lighting will be in accordance with the Citv's street lighting policies. S. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergenev Medical Services, Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for ne�%17 or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAfEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure vents in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; i^Tar; blockages; riots; strikes; epidemics; forces Annexation Service Plan for 2008 Annexations Page ; of 13 Area NV\` 09D. - 0 i �� of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, drouchts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City: wnetler siYniiar to those enumerated or other«rise, which are not within the control of the Cite. fine deadli yes or other prOvlslonS of this Plan, that are affected by a orce Majeure �vertt Sha11 -be autC?nlafiCall�' extended to account for delays Caused by such Force Majeure Even t. ?. irl aCCOrdailCe wltn �eCIIort 43.��b e11 ) OI rile LGC, t111S Plan anC t! SCYleauI IOl' Capital Improvements necessary to provide full municipal services to the annexed area may be amended by the Cita- to extend the period Tor construction if tie construction is proceeding ��Tith all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent tilrith generally accepted local engineering and architect7aral standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances bevond the direct control of the Citv. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state lam=. Section 43.0560kl of the LGC provides that if the Cit -v Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or ay amend rile Plan to conform to the chal2ged conditions or obsolete, the City Council m subsequent occurrences, An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before anv Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. Ali City fees are subject to revision from time to time by the Citv in its sole discretion. X SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e} of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. ;-iowever, this is a summary of the currentpolicies, and the policies and regulations related to water and wastewater utility extensions that are included in the Cit- Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Annexabon Service Plan fol 2008 Armexations Page 6 of 13 lvlanual, and other published policies and technical manuals, as the same may be amended from time to time, shall_ control the extension of water and wastewater services to the annexed area. in addition, these policies and ordinances are set by City Council and can be amended in the future. 1. in General -- The provisions of Chapter 13 of the Citt-'s unified Deveioprnent Code "LTDC") shall appl7 in the annexed area and Chapter 13 of the Cita- Code of Ordinances. Portions of It he current Chapter 13 of the UDC and the current Cl,Lapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the Cite- Council and are subiect to change from time to time. A. The Cite shall not repair, maintain, install or provide arnv water services, wastewater service, gas, electricity or anv other public utilities or services to any propert , that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's u'DC or other Cite regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public ivater supply s,rstem, for fire protection and domestic,' comrnercial/ industrial usage consistent GATith the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case I ess than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro - rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plast, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is ii�r no ease less than one-half mile away, and connection to the system is both possible and permissible (Including adequate system capacity), the Subdivider sh all be required to bear the cost of connecting the subdivision to such existing sanitary sev er system.R%here an approved public wastewater collection main or outfall line is more than one-half mile away from the properq boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital improvements Plan to be completed to a point within one-half mile of the PropeT`tvboundary within five (5) years from the date of the Preiiminary Plat approval, the subdivider shall be required to install a public Annexation Service Pian for ')008 Annexations Pale of 13 Area NW21 iil wastewater collection system, The design and construction of a public sanitary sewer system shall comply with regulations covering extension Of public sanitary Se�i'er SvStemS adopted vy the 1e>cas COrnInISSIOIt on rnt%Iron2Tlentdl'i alltZ All muds acture and publlC ImI..?rOVemeritS IliltSt be Cte51 led a ld I SLalI it acCordance with all of the elements of the Comprehensive Plan and Shall meet the minimum requirements established by T UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilitiesand anv If other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the Citv's Construction Standards and Specifications and to operate on a gravi+-v flow basis by taking advantage of natural topographic conditions and therebx% reducing the need for lift stations and force maims. 2. if the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property — the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the Citi%'s Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate Cite water or wastewater facilities and capacity fronting the property — the owner may receive water or wastewater service from the Cite by applying for a tap permit and paving the required I ees. 4. Zf any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic system. if the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is If a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property oxvner has received nohficatior, from the Ci �.T of the Ci �r'J� desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 1320 of the City Code of Ordinances. Properties using a septic s�%stem that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for Annexation Service Plan I 1 2008 Annexations Page 8 of 13 Area NW 2 OADO 2009® ?3 single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use flan shall continue the use of a septic system until such tqnpthat the use of the mroperM hanges. the property is further subdivided or developed, or a public sanitary sewer 111-1e has peen extended to within 200 feet of the property boundary and the property oN�Tner has recelvecl notiticatior, from the Cit,; of the Cilv'S cieszre for the property to be Connected to the public sanitary sewer line. Reimbursement and cost participation by the Cite — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. T'ne actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. Citi -Code of Ordinances: (The following provisions are set by the Gh Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 police established. This policy shall apply to improvements to the City's utility systems, including system upgrades. system expansion. and plant capacity additions. In this Section; the term ``utility system" shall mean the City's water systern, wastewater system. reuse irrigation system, and stomiNvater drainage system. Section 13.10.020 N stem Planning.0. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for grovv-th while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacit-y and future demand is expected to exceed the current total capacity. Annexation Service Plan for 2008 Annexations Page 9 of 13 D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current Cariacitv and future demand is expected to exceed the . anent total capacity. F. PrG, eCts rewired to facilitate the development of a specific Tract shat; be done in accordance with the Unified Development Code. 1. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area. the City shall evaluate degree to which the project 1) facilitates contiguous (Trowth, 2) maximizes the provision of service to the service area. 3 i enhances economic development, 4) improves system operations. 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option. the City mai-also facilitate the installation of utility expansion requests through 1 } financial cost contribution, 2) financing of the improvement using individual contracts between the City and each. landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest. 3) impact Pee or connection fee reduction or waiver. Chapter 13.20 of the Cite Code of Ordmances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any- premises nypremises where any person lives or• works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's unified Development Code: Annexation Service Plan for 2005 Armexations Page 10 of 13 Area NW2 i i 1. connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over sucl facilities: or 2. connection to a public Ceritrai?ZeCi ti'astewater C011ectioi7 .21aLi vl7ith all wastewater discharged to a centralized public wastewater collection SVSierii. B. Upon the %'Development`' of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure. and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such futures to an approved wastewater system, and to maintain the same. See. 13.20.020. On Site Sewage Facilities, A. General, All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage. Facility sendcing the property, or the date that is five (5) years after receipt of notice of the avallability of a wastewater collection main within 200 -feet of the property line. C. Failure of On Site Sewage Facilitv. 'When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary. and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravit>> or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chanters 13.10: c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use. then the On Site Sewage Facility may be repaired or replaced. (Prior code. § 12-101) Annexation Service Pian for 2008 Annexations Page 21 of 13 See. 0.20.030. Privies prohibited, It is unlau-ful for any owner or lessee. tenant or other person in possession of any premises in file City to estabiishl or maintain any privy Or dry closet. Sec.13.20.040 Luvv pressure Seer Systems >. a "Lmv Pressure Sewer S\Tsiem" is an individual lift station located at each utility_ customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public . rl urit-of-way. E. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force. main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged either direetIy or, indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his,/her desigynee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13 24 of the Code of C?rdinances. E. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainaa.e: C. Any unpolluted water. including but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. Anv wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Anv holdin6 tank waste, provided. that such waste may be placed into facilities designed to receive such wastes and approved by the Citv Manager,. or his/her aesignee. Section 1.1.20.060 Sewer Systern Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. E. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the Annexation Service Plan for 2008 Annexations Page 12 of 1 sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer mai. C. 'When., as a part of sewer system testing. the Cittr identifies a flaw in, a private S eiTY the iai.er al or 1tJr l.e �llal.n''ll ere a repCL?r. iJ tlel:e J.S Q.r �, Lc � pre`4'erlt :r1211tr Q.tl in. % inflo" the property owner and utility customer shall D responsibJe to cause the, repairs to be made within one (I) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City. Citv may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid b�' the City and subsequently charged to propem' ovqier and utility customer. Annexation Service Plan for 2005 Annexations Page 13 of 1.3