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HomeMy WebLinkAboutORD 2008-88 - ANX Area SW1X � r.. • r t. r is-. i;: !.: •. ,'• •=':tMV• i :t t': the extension of certain boundapr annexation of • consisting of Ci avavroximately,• acrAG3& s alongout of the 1. Donagan Survey, C Stubblefield Survey, J. Thompson Survey and remaining portion of the Church of Christ Subdivision, located north of the current city limits •uth Fork San Gabrielof •i' Canvon Subdivision. south of SH 29 West • CanyonSubdivision; and including approximately 24.8 acres of ROW for SH 29 West extending from the current city limits west to the western limits of the Shadow rt: i and D.B. Wood Road from the current city limits southto the termination of the roadway, referred to as 2008 Annexation Area SWI, as described in Exhibits A and B of this Ordinance, but excluding the territory described in Exhibit Cwl through Exhibit Cw 4; which said territory lies adjacent to and ad] oins the present boundary limit of the City of Georgetown, Texas and not being a part of any incorporated area; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and # • • an effective date, Whereas, the City of Georgetown, Texas is a home rule municipal corporation; and WHEREAS, the Citv 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 "Policy 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, he Citv Council conducted two public hearings on the proposed annexation on September 9, 2008 and September 23, 2008; and 2008 Annexation Area SM Page1 or 4 Ordinance ::;,01 � 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 Whereas, pursuant to Section 43.035 of the Texas Local Government Code, the property described on "Exhibit C-1" 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 property 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; r s- • •r • tLIS=• +- 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 expands. 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: I J 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. 2008 Annexation Area SW1 Ordinance No. ;Zooso� 99 Page 2 of 4 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. 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-1" through Exhibit C- 8". 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-1" 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-1 " 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-1" through "Exhibit C-4 ", of this ordinance, is included in City Council District 3. 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 Qth day of December, 2008. 2008 Annexation Area SW1 Ordinance No. Page 3 of 4 Attest: The City of Geor Al Sandra D. Lee George Garver City Secretary Mayor Approved as to form: Patricia E. Car3s City Attorney 2008 Annexation Area SWI Ordinance No. Page 4 of 4 I�{i.I1VE Rl v R mss/ P N N _1 `m U 0 0 t0 7rD U) N N r N C Q NN d in W Cn M N M W 1h. .'�1.. \J. i/ XX x is 'TIC OC 1 cxaxOCK �. FNNO pR ' N ST . ��47 C _ V sliAD f, LN '. YVATER 04 HU lml;KHD- %�)l'j i C v 6 U! �N n qN c�E nP 0 N �oogn Q1 JAM Vy g 2 o a e 5 7U U n C N O N ST . ��47 C _ V sliAD f, LN '. YVATER 04 HU lml;KHD- %�)l'j i C 6 �N nFi� qN c�E nP e em �oogn ?a JAM Vy g 2 DESCRIPTION OF CITY OF GEORGETOWN, TEXAS, ANNEXATION AREA SWI Beginning on a paint in the westerly boundary line of City of Georgetown Annexation No. 86-59, same being a point on the northerly fight -of -way line of SH 29, same being on a point in the southerly boundary Line of Lot 1, Block I, WOOD RANCH SECTION FIVE, a subdivision recorded in Cabinet K, Slide 269, of the Plat Records of Williamson County, Texas, THENCE proceeding in a southerly direction crossing through the right-of-way of said SH 29, with said westerly boundary line of said City of Georgetown Annexation No. 86-59, to a point in the southerly right-of_way line of said SH 29, same being on the northeast comer of LEGEND OAKS, a subdivision recorded in Cabinet F, Slide 264, of the Plat Records of Williamson County, Texas,, same being the northwest corner of the 26.24 -acre remnant portion of called 35.40 -acre tract of land conveyed by Quitclaim Deed to the Church o1: Christ of Georgetown, Inc., as described in Volume 2432, Page 367; of the Official Records of Williamson County, Texas; THENCE proceeding in a westerly direction with the southerly right-of-way line of SH 29, same being, with the northerly boundary line of said LEGEND OAKS, to the northwest corner of said LEGEND OAKS, same being the northeast corner of a called 291.09 -acre tract of land conveyed to Judy W. Hindela:ng, Jane W. Robertson, Jay L. Wolf, Jr., Iva June Wolf, and Jaynes David Wolf as described in Volume 601, Page 755 of the Deed. Records of Williamson County, "Texas; THENCE proceeding in a southerly direction with the westerly boundary line of said LEGEND OAKS subdivision. same being with said easterly boundary line of'the 291.09 -acre Wolf tract, to the southeast corner of said 291.09 -acre Wolf tract, same being; the southwest corner of said LEGEND OAKS subdivision, same being on a point in the northerly boundary line of the remnant portion of the called 412 -acre tract of land conveyed to Jay L. Wolf as described in Volume 422, Page 84 of the Deed Records of Williamson County, Texas; THENCE proceeding in a easterly direction with the common boundary line of said remnant portion of the 412 -acre Wolf tract, and said LEGEND OAKS subdivision, to the southeast corner of said LEGEND OAKS, same being the southwest corner of said 26 24 -acre remnant portion of the Church of Christ tract; THENCE proceeding in a northerly direction with the common boundary line of said LEGEND OAKS subdivision, and. said 26.24 -acre remnant portion of the Church of Christ tract, to a point in the southerly boundary line of said City of Georgetown Annexation No. 86-59: THENCE proceeding in an easterly direction with the southerly boundary line of City of Georgetown Annexation No. 86-59, crossing through the interior of said 26.24 -acre remnant portion of the Church of Christ tract, to a point in the westerly boundary line of City of Georgetown Anr exation No. 05-23, sante being on a point in the easier!--' oundary lire olf said 26,24 -acre remnant portion of the Church ot` Christ tract, same being on a point in the westerly boundary line of FIRST BAPTIST CHL RC OF 3ESORGETOWN, a subdivision recorded in Cabinet L. Slide 311 of the Plat Records of Williamson County Texas; THENCE proceeding in a southerly direction with the westerly boundary line of said City of Georgetown Annexation No. 95-23, same being with the westerly boundary lime of said FIRST BAPTIST CHURCH OF GEORGETOWN subdivision, same being with the easterly boundary Pine of said 26.24 -acre remnant portion of time Church of Christ tract, to the southwest corner of said City of Georgetown Annexation No. 95-23, same being the southwest corner of said FIRST BAPTIST CHURCH OF GEOIZC ETOWN subdivision, same being the southeast corner of said 26.24 -acre remnant portion of the Church of Christ tract, same being a point on the northerly boundary line of said remnant portion of the 412 -acre Wolf Tract: THENCE proceeding in an easterly direction with the southerly boundary line of said City of Georgetown t-nnexation No. 95-23, same being with the northerly boundary line of said remnant portion of the 412 -acre Wolf tract, same being with the southerly boundary line of said FIRST BAPTIST CHURCH OF GEORGETOWN subdivision, to the southeast corner of said FIRSTBAPTIST CHURCH OF GEORGETOWN subdivision, same being the southeast corner of said City of Georgetown Annexation No. 95-23, same being the southwest corner of City of Georgetown Annexation No. 2005-102, same being the southwest corner of LEGEND OAKS SECTION II, a subdivision recorded in Cabinet 1, Slide 269, of the Plat Records of Williamson County Texas; THENCE continuing in a easterly direction with the southerly boundary lune of said City of Georgetown Annexation No. 2005-102, same being with the northerly boundary Iine of said remnant portion of the 412 -acre Wolf tract, same being with the southerly boundary line of said LEGEND OAKS SECTION II, to a point in the said southerly boundary line of City of Georgetown Annexation No. 86-59; THENCE continuing in a easterly direction with the said southerly boundary line of City of Georgetown Annexation No. 86-59, through the interior of said remnant portion of the 4'12 - acre Wolf tract, to a point in the westerly boundary line of City of Georgetown Annexation No. 2003-77, same being on a point in the `westerly boundary tine of WOLF RANCli SUBDIVISION as recorded. in. Cabinet Y, Slide 112 of the flat Records of Williamson County Texas, same on a point in the easterly boundary line of said remnant portion of the 412 -acre Wolf Tract, THENCE proceeding in a southerly direction with the westerly boundary line of ,said Georgetown Annexation No. 2003-77, same being with the westerly boundary line of said WOLF RANCH SUBDIVISION, same being with. the easterly boundary line of said remnant portion of the 4'12 -acre Wolf Tract, to an angle point in the westerly boundary line of said WOLF RAiNCH SUBDIVISION, same being on an angle point in the easterly boundary line of said remnant portion of the 41.2 -acre Wolf Tract, same being the southwest comer of said City of Georgetown zAnnexation No. 2003-77; y r T THENCE proceeding in a easterly direction with the southerly boundary line of said City of Georgetown Annexation No. 2003-77, same being with the westerly boundary line of said WOLF RANCH SUBDIVISION, same being with the easterly boundary ling; of said remnant portion of the 412 -acre Wolf Tract, to the southeast comer of said City of Georgetown Annexation No. 2003-77, same being on a point in the westerly boundary line of City of Georgetown Annexation No. 200344; THENCE continuing in a easterly direction with the westerly boundary line of said City of Georgetown Annexation No. 2003-44, same beim with the westerly boundary line of said WOLF RANCH SUBDIVISION, same being with the easterly boundary line of said remnant portion of the 4'12 -acre Wolf Tract; to an angle pout in the said westerly boundary line of City of Georgetown Annexation No. 2003-44; THENCE proceeding in a southerly direction with the westerly boundary line of said City of Georgetown Annexation No. 2003-44, same being with the westerly boundary line of said WOLF RANCH SUBDIVISION, same being with the easterly boundary line of said remnant portion of the 412 -acre Wolf "Tract, to a point in the northerly boundary line of Lot 2, RESUBDIVISION OF SAN GABRIEL HEIGHTS, SECTION SIX, as recorded in Cabinet P, Slide 247 of the Plat of Williamson County, Texas. same being on a paint in the northerly boundary line of City of Georgetown Annexation. No. 91-1, same being on a point in the South San Gabriel River; THENCE. proceeding in a southwesterly direction with the said northerly boundary line of City of Georgetown Annexation No. 91-1, same being the northerly boundary lime of said RESUBDIVISION OF SAN GABRIEL HEIGHTS, SECTION SIX, same being in part with the southerly boundary line of said remnant portion of the 412 -acre Wolf Tract, in part %Nrith the easterly boundary line of the 457 -acre tract of land conveyed to W. T. Guy as described in Volume 345; Page 460, of the Deed Records of Williamson County, Texas, same being with the centerline of the said South San Gabriel River, to the southwest corner of said City of Georgetown Annexation No. 91-1, same being on an.angle point in the westerly boundary line of City of Georgetown Annexation No. 76-A2, same being the northwest corner of Lot 1, Block A. RIVER RIDGE SECTION TWO -C, a subdivision as recorded in Cabinet F, Slide 195, of the Plat Records of Williamson County, Texas; THENCE continuing in a southwesterly direction with the westerly boundary line of said City of Georgetown Annexation No. 76-A2, same being with the westerly boundary line of said Lot 1, Block A, RIVER RIDGE SECTION TWO -C, same being with the easterly boundary line of said. 457 -acre Guy tract, same being with the centerline of the said South San Gabriel River, to the southwest corner ofsaid City of Georgetown Annexation No. 76-A2, same being the northwest corner of City of Georgetown Annexation No. 34-54, same being the southwest corner of said Lot 1, Bloch A, RIVER RIDGE SECTION TWO -C, sante being the northwest corner of Lot 42, Block 1 , RIVER. RIDGE, SEC+1`iON C)NE, as recorded inCabinetD. Slide 194 of the Plat Records of Williamson County, Texas; I HENCE proceeding in a Soiltllerly direction wit,"q the westerly boundary .Inst of said City £Nl Georaetown Annexation No. 84-°4, sane bei nR with the westerly boundary line of said. a RIVER RIDGE, SECTION ONE, same being with the easterly boundary line of: said 457 -acre Guy tract, same being with the centerline of the said South San Gabriel River, to the southwest corner of said City of Georgetown Annexation No. 84-54, same being on an angle point in the northerly boundary line of City of Georgetown Annexation No. 85-39, same being the southwest corner of Lot 47, Block E, of said RIVER RIDGE, SECTION ONE, same being on the northwest corner of RIVER RIDGE SECTION TWO -l3, a subdivision as recorded in Cabinet: lj, ,Slide 369 of the Plat Records of Williamson. County, Texas; THENCE continuing in a southerly direction with the northerly boundary line of said. City of Georgetown Annexation No. 85-39, same being with the westerly boundary line of said RIVER RIDGE SECTION TWO -C3, same being with the easterly boundary line of said 457/_ acre Guy tract, same being with the centerline of the said South San Gabriel River, to the most westerly corner of said RIVER RIDGE SECTION TWO -l3, same being the northeast corner of RIVER RIDGE SECTION TWO -A, a subdivision. as recorded in Cabinet F, Slide 365 of the flat Records of Williamson County, Texas, THENCE proceeding in a southwesterly direction with said northerly boundary line of Georgetown Annexation. No. 85-39; same being with the northerly boundary line of said RIVER RIDGE SECTION TWO -A, same being with the easterly boundary line of said 457 - acre Guy tract, same being with the centerline of the said South San Gabriel. Diver, to the northwest corner of said RIVER RIDGE SECTION TWO -A, same being the northeast corner of RIVER RIDGE SECTION THREE C. a subdivision as recorded in Cabinet J, Slide 40 of the flat. Records of Williamson County, Texas; THENCE proceeding in a westerly direction with the northerly boundary line of City of Georgetown Annexation No. 85-39, same being with the northerly boundary line of said RIVER RIDGE SECTION THREE C, same being with the easterly boundary line of said 457 -acre Guy tract, same being with the centerline of the said South. San Gabriel River, to the northwest conger of said RIVER RIDGE SECTION THREE C. same being the northeast corner of RESUBDIVISION OF RIVERVIEW ESTATES, as recorded in Cabinet K, Slide 51 of the Plat Records of Williamson County, Texas, same being the northeast corner of City of Georgetown Annexation No. 86-61; THENCE continuing in a westerly direction with the northerly boundary line of said City of Georgetown Annexation No. 86-61, same being with the northerly boundary line of said RESUBDIVISION OF RIVERVIEW ESTATES, same being with the easterly boundary line of said 457 -acre Guy tract, same being with the centerline of the said South San Gabriel River, to the northwest corner of said RESUBDIVISION OF RIVERVIEW ESTATES, same being on a point in the easterly boundary line of City of Georgetown Annexation No. 870432; THENCE departing said centerline of the South San Gabriel River, proceeding in a northerly direction with the easterly boundary line of said City of Georgetown Annexation. No. 870432, same being through the interior of said 457-a.cre Guy tract, to the northeast corner of said City of Georgetown Annexation No. 870432; THENCE proceeding in a westerly direction wiih the northerly boundary line of said Georgetown Annexation No. 870432, continuing through the interior of said. 457 -acre Guy tract, to the northwest corner of Georgetown Annexation No. 870432; TI HENCE proceeding in a southerly direction with the westerly boundary line of said City of Georgetown Annexation No, 870432, continuing through said 457 -acre Guy tract, to a point in said westerly boundary line of Georgetown Annexation No 2003-83, same being the most easterly northeast corner of City of Georgetown Annexation No. 2003-83; T1 -HENCE proceeding in a northwesterly direction with the northeasterly boundary, line of said Georgetown Annexation No 2003-84, continuing through the interior of said 457 -acre Guy tract, to a point in the southerly boundary line of City of Georgetown. Annexation No. 2003- 84, same being on an angle point in said northeasterly boundary line of City of Georgetown Annexation. No. 2003-83, same being on a point in the northerly boundary line of said 457 - acre Guy tract, same being on a point in the southerly boundary line of a called 307.848 -acre of land conveyed to San Gabriel Harvard. Limited Partnership, described in Document No. 2002093325 of the Official Public Records of 'Williamson County, Texas, THENCE, proceeding in a easterly with the southerly boundary line of said City of Georgetown Annexation No 2003-84, same being with: said southerly boundary line of the .307.848 -acre San Gabriel Harvard Limited Partnership tract, sane being with said northerly boundary tine of the 457 -acre Guy tract, to the southeast corner of said City of Georgetown Annexation No. 2003-84, samebeing the southeast corner of said 307.848 -acre San Gabriel Harvard Limited Partnership tract, same being the southwest corner of aforementioned 291.09 -acre Hindelang, Robertson, Wolf s tract, same being on an angle point in said northerly boundary line of said 457 -acre Guy tract; THENCE proceeding in a northerly direction with the easterly boundary line of said Georgetown Annexation No 2003-84, same being with the easterly boundary line of said 307.848 -acre San Gabriel Harvard Limited Partnership tract, same being with the westerly boundary line of said 291.09 acre Hindelang, Robertson, to the most easterly northeast corner of said City of Georgetown Annexation No. 2003-84, same being the most easterly northeast corner of said 307.848 -acre San Gabriel. Harvard Limited Partnership tract, same being on an angle point in the southerly boundary line of a called 10.55 -acre tract of land conveyed to MGC Highway 29 Development, LLC, described. in Document No. 2007014835 of the Official Public Records of Williamson County; Texas; THENCE proceeding in a northwesterly direction with the northerly boundary line of said City of Georgetown Annexation No 2003-84, same being with the northerly boundary line of said 307.848 -acre San Gabriel Harvard Limited Partnership tract, same being with the southerly boundary line of said 10.55 -acre MGC Highway 29 Development, LLC tract, to an angle point in said northerly boundary line of the 307.848 -acre San Gabriel Harvard Lim :ted Partnership tract, same being the northwest corner of said 10.55 -acre MM Highway 29 Development. LLC tract, same being on a point in the southerly right-of-way line of a— forementioned SH 29: 5 THENCE proceeding in a westerly direction with the northerly boundary line of said City of Georgetown Annexation No 2003-84, same beim with. said northerly boundary line of the 307.848 -acre San Gabriel 1-larvard Limited Partnership tract, same beim; with said southerly right-of-way line of SH 29, to the northwest corner of said City of Georgetown Annexation No. 2003-84, same being the northwest corner of said 307.84.8 -acre San Gabriel Harvard Limited Partnership tract, same being to the northeast corner of a called 103.9327 -acre tract of land conveyed to FaLB.ERT L. BROWN AND WIFE, BEVERLY D. BROWN. described. in Volume 21.89, Page 585 of the Official Records of Williamson County, Texas; THENCE proceeding in a northerly direction crossingthrough the right�o&way of said S.1-129, to a point in the northerly right -of way line of said SSI 29, same beim; on a point in the southerly boundary lime of a called275.54-acre tract of land. conveyed to JAMIE AVANT DYi- LE, JIM FORF.EST AVANT, AND JEFF WOOD AVANT, described in Document No. 2003003224 of the Official Public Records of Williamson County, Texas;. THENCE proceeding in a easterly direction with said northerly right-of—way line of SH 29, same being; with said southerly boundary line of the 275.54 -acre AVANT tract, to the southwest corner of the remnant portion. of a called 2139.32 -acre tract of land conveyed to JEFF WOOD AVANT ANIS JAMIE AVANT DYI:ILE, described in Volurne 2334; Paige 548 of the Official Records of: Williamson County, Texas, same being the southeast corner of said 275.54 -acre AVANT tract; THENCE continuing in a easterly direction with said northerly right-of-way line of SH 29, same being with the southerly boundary line of said remnant portion of the called 2139.32- acre rkVANT tract, to the southeast corner of said remnant portion of the called 2139.32 -acre AVANT tract, same being the southwest corner of AMENDED WOOD RANCH SECTION THREE, a subdivision as recorded in Cabinet L, glide 204 of the Pkat Records of Williamson County, Texas; THENCE continuing in a easterly direction with said northerly right-of=way line SII 29, same being in part with the southerly boundary line of said AMENDED MOOD RANCH SECTION THREE subdivision, in part with the southerly boundary line of AMENDED WOOD RANCH SECTION TWO, a subdivision as recorded in Cabinet K, slide 267 of the Plat Records of Williarnson County, Texas, in part with the southerly boundary line of aforementioned WOOD RANCH SECTION FIVE, to the POINT OF BEGINNING hereof, This docurnem.- was prepared under 22 `J -"Ai: 663.21, doe 5 not. re Iecl." the rcSUI L's of an on tine ground survey, and is not to be used to convey or �sc:ab?isfi inter�srs ;r .cal property ex.:ept �Lt3.ose ._ rj s gra 4tixc s, s iF,'7Z7.=ied or eSta.0113hed by t1le cy.eat:,L) or boundar-j/ of t12e Po_L':t. i�J a1 subdivision for bJh,1 c..h it: was ;oY"e'prar2Ci'. P. ti BOX 10':471 GEORGETf WN,, TY 7AV7 1..510 931-JIOO f SH Nr SHA:FER, R. P.L.S. NO* 528' DATE A71.nex a �.-- von Ara SW.L EXHIBIT -1 STATE OF TEXAS § § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN, TEXAS § 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 (the "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 City 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, 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: 2008 annexation dev agree Woif R039230 Page 1 of 12 Section 3.. Continuance of Extraterritorial Jurisdiction Status, 1.1 The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, 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 plan for the Term of this Agreement. However, if 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 Other uses 2.1 The Owner covenants and agrees not to use the Property for any use other t1han 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. 22 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 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 City. 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 must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARIMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. 2008 annexation dev agree Wolf 8039230 Page 2 of 12 Section 3. Effect of Certain Pilings or Actions. 3.1 The Owner acknowledges that if any application for a plat or other development - related approval is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Ov%,•ner 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. J 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(x)(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. Section + 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the Citv 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 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 5. Terra; Annexation On or After the End of the Term 5.1 The terra of this Agreement (the "Term") 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 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 Propertv. In connection with annexation pursuant to this section, the Owners herebv 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 2008 annexation dev agree Wolf R03923 )0 any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 6.1 Property annexed pursuant to this Agreement will initially be zoned AG — Agriculture pursuant to the City's Unified 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 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 (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 8. 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 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. )�k _ l Entered into this day of 2008. Printed NarnjThomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased Annexation Area: WCAD 8039230 291 .09 Acres THE STATE OF TEXAS j COUNTY OF & t } This instrument was acknowledged before me on the day of 2008, by Thomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased. Notary Public, State of Texas PATRICIA L SI ECEK Notley Ps6t;e • Stata of Tans caissioa Exgteea: 99tfl7l11 Entered into thi OWNER(S)%. day Printed i ame: Judy Dean Wolf Hinc Annex on Area: WOAD 8039230 291.0y Acres THE STATE OF TEXAS } COUNTY OF WIZAT& Y} } m Q h� This instrument was acknowledged before me on the Z5 day of NOMW __ 2008, by Judy Dean Wolf Hindelang,jOtivrTy. ` Entered into this day of ✓ , 2008. OWNER(S): Printed Name: Susan Jane Wolf Robertson Annexation Area: WCAD_ 8039230 291,09 Acres THE STATE OF "TEXAS } COUNTY OF W 1 1 i i amson i This instrume LI 2008, by Lt was acknowledged before me on the 1 Susan lane Wolf. Robertson, Owner. 1tRY a✓@ JEREMIAH HOLLIS �) Notary Public, State of Texas My Comm. Expires 04.18.201 f day of Entered into this i t day of Gy�� 'U- , 2008. X Printed Narri�Jav Annexation Area: WCAD R03923O Wolf, Jr. 251,9 Acres Alabama THE STATE OF 4)?MX9 } COUNTY QF Montgomery I This instrument was acknowledged before me on the _�day of b e,� 2008, by Jay Leon Wolf, Jr., towner. Ndtary Public, State of TAX Alabama *YXAAY P1.''RUC STATE OF ALA.BA,i4A AT LARGE "V COMMISSION EXPIRES: hist' 35, 3009 SVD-ni$d'. NOTARY KliULIC UhrDiRW Entered into this2=54,kdav of 1V014e ber 200& ted N Annexation Area: WCAD R039230 Wolf McLachlan 291,09 Acres THE STATE OF TEXAS COUNTY OF r €i�gr1 } This instrument was acknowledged before me on the L day of lig 2008, by Iva Wolf McLachlan, Owner. JULISA L BAUD NOTARY PUBLIC STATE OF TEXAS AY COMM EXR 0 12/2011 Public, State of Texas Entered into this4 day of 2008. OWNER(S): Printed Name: James David Wolf Annexation Area: WCAD R039230 291.09 Acres THE STATE OF TEXAS } COUNTYOF31: �} This instrument was acknowledged before me on the 2008, by James David Wolf, Owner. µp\MHit) trRYAuek, Llai` IDA 3CYD GRAVES Notary Plib6c, .State of Texas My Commission Expires NIICF SEPTPMABrR 20.2011 4"Wtt • THE STATE OF TEXAS } COUNTY OF WILLLNMT SON } Notary Public, State of Texas BY: Printed dame: Paul Brandenburg Title: City Manager day of This instrument was acknowledged before me on the day of 2008, by Paul Brandenburg, City Manager, City of Georgetown, Texas. Notary Public, State of Texas AFTER RECORDING RETURN TO: N08 annexation dev agree f Page of 12 Karen Frost, Administrative Supervisor Community Development City of Georgetown, Texas P.O. Box 1458 Georgetown, Texas 78627 2008 annexation dev agree Wolf R039230 Page 11 of 12 EXHIBIT A 2008 annexation dev agree Wolf 8039230 i • !'Flaw aNgula DEVEL! i • i 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 (the "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 City 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, 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 Citv 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: Section 1. Continuance of Extraterritorial jurisdiction Status. 1.1 The City guarantees the continuation of he extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, 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 plan for he Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to he Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Prohibition AgainsOther 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 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 Property with Williamson County or he City until he 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 City. 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 must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARNILESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. Section 3. Effect of Certain Filings or Actions. 3.1 The Owner acknowledges that if any application for a plat or other development - related approval is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act(s) will constitute a petition for voluntary annexation by 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. s • 4 1 0a • 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 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 5. Term; Annexation On or After the End of the `Perm 5.1 The term of this Agreement (the "Term") 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 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 of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Zoning 6.1 Property annexed pursuant to this Agreement will initially be zoned AG — Agriculture pursuant to the City's Unified 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 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 {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. 8. 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 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. rr: annexation dev agree R039268 :� L O ;' o 0 0 R _.. t ,& ..._ Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this 24 d4 of-' 2008. Printed blame: Thomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased Annexation Area: WOAD 12039268 11.00 Acres THE STATE OF TEXAS COUNTY OF &IJL} This instrument was acknowledged before me on the Z6 day of 04' . , 2008, by Thomas C_ Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased, Notary Public, State of Texas nsft k Entered into thisdayo4�z� 22008. P inted : ne: Judy Dean Wolf Hin Annexation Area: W CAD 8039268 11,00 Acre s THE STATE OF TEXAS } COUNTY OF �\kJGASQrl } ��`` This instrument was acknowledged before me on the day of 6Zh -t'" , 2008, by Judy Dean Wolf Hindi n , Own 1. Notary Public Entered into this ay of 40'7 C-1, 2008. OWNERS): zi pl- Printed flame: Susan Jane Wolf Robertson Annexation Area: WOAD 8039268 11.00 Acres THE STATE OF TEXAS } COUN'T'Y OF w i 11 i amson } This instrument was acknowledged before me on the _ L/�i 2008, by Susan Jane Wolf RobE JEtREMIAH HOLLIS Notary Pubfic, State of Texas >F , tAy Comm. ;=mires 04-18.2011 h day of t% Entered into this ✓1 day of 2008. X Name: Jay LeokMolf, Jr. Annexation Area: WCAD R039268 1 i .00 Acres Alabama THE STATE OF TUA6 } COt3NTYOF Montgomery } This instrument was acknowledged before me on the 7L�day of 2008, by Jay Leon Wolf, Jr., Owner. Public, State of T�v'7Gtall Alabama NOTARY F(IBLIC STAT F' OF ALA RAMA AT LARGE MY COl IMISSioN EXPIRES:fav 25, 2009 401N`DFD MRU NOTARY PUBLIC UNi)ERNVRITRRS Entered into thiso day of _ 2008. Printed Name0ka Wolf McLachlan Annexation urea: WCAD 8039268 11.00 Acres THE STATE OF TEXAS COUNTY OF h1il1_f ) This instrument was acknowledged before me on the 2008, by Iva Wolf :McLachlan, Owner. JOL10A L BAGLEY NOTARY PUBLIC NATE OF TEXAS �Y rC)MM EXP 02/12/2011 2008 annexation der agree Waif 8039268 Pa e 9 of 12 Public, State of Texas day of f Entered into this 2 L°2 day of `' : 200S. OWNER(S): Tinted Name: James David Wolf Annexation Area: THTC AD 8039268 11.00 Ac ; e s THE STATE OF ` ERAS j COUIt�TY OF L6 i\\ k This instrument was acknowledged before me on the day of 2008, by Jaynes David Wolf, Owner, !..iNa A, SOYA GRRUt<S " * Nt;tsr Kibsic, State of Texas t �p tYtYV�nik5si©riFx[J1feS SENT !, Bn 20 201 nnau.N TI �E ST ATE OF TEXAS } COUNTY OF WILLIAMSON I rotary Public, State orTexas THE CITY MF GEORGETOWN, TEXAS BV: Printed Name: Paul Brandenburg Title: Cite Manager This instrument was acknowledged before me on the day of 2008, by Paul Brandenburg, City° -Manager, Citi of Georgetown, Texas. Notari. Public, State of Texas AFTER RECORDING RET URN TO: ALziS.-i1 a. �3"tTi"Eil?1ii�� t..?4vc;vrJP+�'il. City of Georgetown, Texas P.O. Box 1458 '� eoityetown i Exal- 786217 2008 annexation dev agree Wolf R039268 Page 11 of 12 C�z iI ' [. svS:'+ L _ ` i ,`"ice � .; `t S. C; 2008 annexation devagreeWolf f8 "I P •w'� 12 p N� "IXHI ET - STATE OF TEXAS 5 _ - IAMSON I N CO INM €� L L 4 CITY OP C: ORGE.TO ': , TEXAS CHAP TER 413 71XAS 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 (the "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 City has begun the process to institute annexation proceedings on all or ty and has held public Hearings on Sep teznber R, 2008 and portions of the proper September 23, 2008; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for carhich the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections :.3.035 and 212172 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 Citv and ti?e 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 Ileal Property Records of VVilliarnson Countv, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 2008dev agree Wolf Page 1 of 'ORO. i o 1 ge :.oy arn`zLnE an: €urisdorno tial s. The City guarantees the contlZ?: ation of the extraterritorial staiis of the C?r.7ne:'s L ropert', ICS arrLPlun:t' _rE3rr a71"ale:�:3 ton Dy +�1 �l S , CSR its ?sT:TY unity from ` :£t' propert.' taxes, for ;Tie Term O tYIs Acrree:meriL, su le i to the �;ovislons of Lgls Agreement. �xce- t as nrovkled in this Agreement, the City agrees not to annex the Property agrees not to involuntarily inst,tute 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, if 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 Other 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-fariily residential use of the Property, without the prior written consent of the Ci y. 2.2 The Owner covenants and agrees that the Owner wig not f le any type of application for a stabdivision plat or other development -related approval, for the Property with Williamson County or the City =an it the Property has been annexed into, and zoned by, the Cite. 23 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 City. The Owner also covenants and agrees that tte City's AG—Agriculture zoning district requirements apple to the Property, and that the Property shall by used only for AG— Agriculture zoning uses that exist on that Property at the tirne of the execution of this Agreement, unless otherwise provided in this Agreement. However, the C}wner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.? 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 SIGNS T} IZS AGREEMENT CCYVt E CANTS AND AGREES, JOINTLY A1I<FU SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AlicD. DEFEND THE Cir.n.` AGAI'xST .ANY A?��D .ALL LEGAL C AIMS, BY ANY PERSSO C.AIMI'�G Ali' OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY F`ROTM Ti IE C€ T Y S RELIAN E ON THIS AGREEMENT. 2008 C-Innexation dev agree Wolf R040831 Page 2 of 12 eCi Urk Ef f L` Ct f Certain Filings or �.CU'ons. _ L- O r` . 1 tCi iiC:'�sTl:.ii'q i`e-` 1CrP .;-i:.. ,i� a-� i~�+':a c...; i.. �': , `J? ,. t:,T io t? -';-y .F t<,. J.: _ a related avuroval is filed in violation of this A reernem or if the 1 -'mer com. rniencer CgeC' top ?e; Ji tee T rote ' ?At tjlolafton Cif this Agreement, .nen in ad:�2tlor to t Ee a 1" S o .I2er reR?eC ie S, sLIC act(.s� wi coi`:stri tE a E' <tl i. for vvitia to ;.' a TeX iol v�' the Owner, and the Property will be subiect to annexation at the discretion of tete Ci t Council. The Oxhner agrees that such a Fne?ca io shall be voiuntar and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered bc- the Owner. 3.2 1f 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 r unicipality to use certain statutory procedures under m 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. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43.035(b)(I)(8) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority i.at do not materially interfere with the use of the Property for a riculture, wildlife management, or timber, in the same manner such regulations are enforced within the City's boiu-idaries. 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 22:2 development agreement. Section 5. Term; Annexation On or After tete End of the Terris 5.1 The term of this A(zreement (the "Terns") is fifteen (25) years from the date t1hat the City Managers signature to this A,greernent 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 caxes for agricultural, wildlife management, or timber land. if this Agreement is terminated because the Property no longer has an exemption from ad valorenn taxes for agricultural, wildlife management, or timber land, then the effective date of such termination: shah 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 to have filed a petition for voluntary annexation: before the end of the Tes-n :, for annexation of the Property to be completed on or after the end of the Term. prior to the end of the Term, the Cite 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 ani plat or construction agree2008 annexation ciev R040831 Page 3 of 12 dP.j? ft.e oweTi `5 rLt2�' „1ItIa' 'i stat t � .?rte be wteen ther:.Dpratio; of this �sgree}rent anC 1e Zr t?t Y7 3 C i a2R'X .iz3 : J -eedi Section. 6. Z honing, ' ! rC7perii anneXeG pursi ant t to S A£ reerr e ?t ' lx ir:iyi3l �` be zones G — v. _. Agriculture pursuant to the Citv's' nified Deveiopmen Cote. .? lication for g another zon?nciassifiCat on, and arta' suCh QwFier may file an app application sha'i be reviewed and considered in accordance with the Lhen-current laws, regulation s, ordinances, Comprehensive Plan, and ether 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.? Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen 114) 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 78677 Section 8. 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 anv covenant of this Agreernent is void or unenforceable, including the covenants regarding involuntary annexation, then the ma der of this Agree shall rernairr,. its 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 17. 'Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. 2008 annexation dev agree Wolf R040831 Page Section 14L. ",,is Agreement shall survive its term.'nation to the extent necessary for the 1' 10Tliertt3L?>n o un`t TTDiclovisions oZ CJ <t10Ps , a iC J 1eZe t. f /'. .Piere�?.'�it� r`� ! a';� C.< ,r r' ;r Printed Nam: Thomas C. Baird, Temporary' Administrator of the Estate of Betfie Black Wolf, Deceased Annexation Area: WCAD_ R04083I 133.00 Ac, es THE STATE OF TEK&S COUNTY OF 11 This instrument was acknowledged before me on the day of 2008, by Thomas C. Baird, Temporar�7 Administrator of the Estate of Bettie Black Wolr`, Deceased. Notary z ubiic, State of Texas Notify Public - State of CBIS& Comociiiiof Frites: 0 10711 l annexation dev agree Wolf R040831 Page of O n ;7,0074y EntereQ into tt11S� _..`lav or (72008W, OWNER(S): 'rented Jame: iucjv Dean1111' if Hindelan A u�exa on Area: WCAD 8040832 '13Z.00 Ac res THE 5T ATL, OF TEXAS ? COUNTY OF 'tit sins insurument was acknowledged before me on the 15 ' , 2008, by Judy Dean lkolf g VtOLETA GOMEZ � Notary Pubkc, State of Texas 4" iy Comm. Expires 0&05-2012 2008 annexation dev agree Woll' R0408311 Page 6 of ! zoo? ? s sr ' ..; day of 1 � :1�c�iCU lii� Eat i Calm.' o OWNER(S)': Printed dame: Susan Jane Wolf Robertson Annexation Area: VYCAC_ 80408" 133.00, .4Cres THE STATE, OF TEXAS � COUNTY OF W i i i i ains o ri � This instrument was acknowledged before me on the !i v.,1 U slay of 20 , bv Susan }ane Wol Ro`nertson, Owner. ' Notany P,, Iic, State of T Notzry PtfDiiC, Slate of Texas My Comm Exo res 34-18-20* 1 JY�/ Yq F p�Tr 2008 annexation dev agree Wolf R040831 Page 7 of 12 14 .•„`i JI N irlieCl iEa'c^xrile: `' LieIn WOlf( ji. Annexation ,urea: WCA.]✓ R040K311 1333.00 Acre s Alabama THE STATE OF Tl - ? COC NTN OF l�ont:aomery This instrument was acknowledged before me on the I ° J 2008, by Jay Leon wolf, r., Owner. 2008• dev agree Wolf'040K day of otary Public, State of `RQAq� A i abama ^UTARl N"BLiC `M'ATF.0 AF_AZSAIY A AT LARGE +iv CtiNIMISS[ch FXPIRF : May 25, 2(K) i hO NDED "IRr'N€iTARV PUBLIC UNDERWRITERS Sal 'LC i-Yiyi h!1ty nT / .^' It l`ti Ci['4 �n2CLA StiV'Ll.it� li N irlieCl iEa'c^xrile: `' LieIn WOlf( ji. Annexation ,urea: WCA.]✓ R040K311 1333.00 Acre s Alabama THE STATE OF Tl - ? COC NTN OF l�ont:aomery This instrument was acknowledged before me on the I ° J 2008, by Jay Leon wolf, r., Owner. 2008• dev agree Wolf'040K day of otary Public, State of `RQAq� A i abama ^UTARl N"BLiC `M'ATF.0 AF_AZSAIY A AT LARGE +iv CtiNIMISS[ch FXPIRF : May 25, 2(K) i hO NDED "IRr'N€iTARV PUBLIC UNDERWRITERS ,} i f r Gntere into Tli1S L aT' Ot (s): Printed _tiameY,?' Annexation Area: Wolf McLachlan WCAD 804083 133.00 acres THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before ZY 2008, by Iva Woh'McLachlan, Owner. JOL3ZS� [ BI AOS T NOTARY € UB Iv STAT E O = T EXAS COMM.Ay EXPa 02/1211201 it 2008 anriexation dev ag, ee Wolf P04083 Page 9 of me on the Ad day of Entered into it2 iaV 04 § > r(Jj�a ti/;x iM. OWNER(S): Name: James David Wolf Annexation Area: WCAD 8040831 ',3.00 Acres THE STATE OF TEXAS COUNTY OF �t'`i44 � �} This instrument was acknowledged before me on the � � ° � aav of ID t ryl, , 2008, bar Tames David Wolf, Owner. 1 KiU and Iijhiir.'Late Of 3ev s _;. tfjy Commission Expires 41 SEP T Ef iBER 20,, 2011 THE STATE OF TEXAS COUNTY OF irG' IL.LIAMSOI Notary PublzL, State of'�'exas TIME CITY OF GEORGETOWN, TEXAS Bv: Printed Name: Paul Brandenbux g Title: City Manager This instrument was acknowledged before me on the day car 2005, by Paul Brandenburg, CityManager, City of Georgetown, Texas. Notary Public, State of Texas 2008 annexation dev agree Wolf._. *age 10 of o k o w o to x ., ' AFTER RECORDING RETURN TO: Karen �'r`JS�, 1A, C; rTi:nisti-ative SU7e:GiSO' i.G?71I71U;liC;T ✓eveiG^TTlei:. .. City of Georgetown, Texas ?'.J. Box 1458 Georgetown, Texas 78627 ')008 annexation dev agree Wolf R040831 Page of 090V ;Z00?49` 1 � V PPf i PROPERTY DESCRIMION 2008 annexation dev aciree Wolf R040831 Page 12 of 12 STATE OF TEAS 3 COUNTY OF WILLIAMSON, CITY OF G EORGETCtWN, TEXAS CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 2i2.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (the "City") and the undersigned property owners) (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," "; and WHEREAS, the Property is currently located in the extraterritorial Jurisdiction of the City, and has been appraised for ad vatorern 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 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 222.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and THEREkS, 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 terra (defined below) of this Agreement, and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Will 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 8040766 Page 1 of 12 Section L Continuance of Extraters�itonal Jurisdiction Stata €. II The Cit4' guarantees the continuation df the extraterritorial status of the �t'ner's Property, its immuni,-v from annexation by the Cit:', and its imrr'unity from property taxes, for the Term of this Agreement, subject to the prdviSlvnS or tPfs 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 Proper and and further agrees not to include the Property in a statutory annexation pian for the Terra of this Agreement. However, if the Property is annexed pursuant to the temps of this Agreement, there the Cite 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 Other 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 City. 2.2 The Owner covenants and agrees that the Owner will not file any tv;,)e of 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 City. The Owner also covenants and agrees that the Ci?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. 2A A 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 SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERAL; Y, TO Ii`�DETVINIFY, HOLD HAliMLESS, AND DEFEN� THE CIT`' AGAINST ANY A D _ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP rN7EREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. ii. annexation dev agree •R' r'.y ,. _ _'. ;zoos SectionEffect of Certain Pilings or Actions, 3.1 t }lc3ti�a toa 31t of other evElopTen:- e O;z �ia� �h:T��c rr related approval is filed, in violation of this Agreement, or if the Owner cornrnences clevelo�:rnent of the Property in violation of this Agreement, then in ad 'itis n to the City's other remedies, such act's) will constitute a petition for voiuntary annexation: Dv the Owner, and the Property 1. -ill 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 trey 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. r 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 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 5. Terse; Annexation On or After the Brat/ of the Term 5.1 The terof this Agreement (the "Term') is fifteen (15) years fr ra om the date that the Gtv 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 Agreernent is terminated because the Property no longer has an exemption from act valorem taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shalt 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 to have filed a petition for voluntary annexation before the end of the Tera:, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Terra, 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 2008 annexation dev agree Wolf P040756 Page of 12ORD. r. .. i'..r " . anv of the owners may initiate during the time between the expF.raU C3= t, is AareEInt rEI and the nistitution of annexation proceedings by +tie City. f.1 Proper annexed pursuant to this Agreement will imnan v tae zon eC Pk�7 — Agriculture pursuant to the City's unified Development C ode. 6.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the t'nen-current laws, regulations, ordinances, Comprehensive Man, 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 gyve 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 azncultural, wildlife managernent or timber lana 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.Q. 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. 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 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, Spon execution, shall constitute one and same instrument. Pa Section 14, This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. � Entered into this�� d,,�i- of 200& O a'EZ`4sf. Printed lame: Thomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased Annexation Area: WCAD_ 8040756 118,?-ggArp'� (11$.235 acres) THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2008, by Thomas C. Baird, Temporary Administrator of the Estate of Bettie Black Wolf, Deceased. Notary Public, State of Texas I MI 2008 annexation dev agree Wolf R040756 Page of 12 x.: r. t WCAL?_ 8040756 118,235 Acres THE STATE OF TEXAS COUNTY OF tk' O rl l + This instrument was acknowleagea before me on the da.' of NOtkNi ..*; 2008, by Judy Bean Wolf Hindelaz vVer_ p Notary Public V ¢ VIOLE iA GOMEZ ' Notary Puh0r, state o! T exas 1 My Corm. ExP 0&,&2012 2008 annexation dev agree Wolf R040756 Page . of ORD* o ; ,. ,. ,�� �+^ Entered into this clay of /r' '�� �� 2008. OWNER(S): Printed Name: Susan Jane Wolf Robertson Annexation Area: WOAD 8040756 118.235 Acres THE STATE OF TEXAS } COUNTY OF W i 1 1 1 ams on } � C This instrument was acknowledged before me on the day of 2008, by Susan ; ane Wolf Robertson, Owner. i JEREMIAH HOLDS Notary Public, State o€7exas MV COMM. E::p;res 04-1 8-2011 annexation2008 ! y r 'i" :fir ' entered into this day of 2008 ' rinted Name. Jae- Id n Wolf, Ir. ,annexation Area: WCAD 8040756 i ;R:235 Acres THE STATE OF T9X Alabama COUNTY OE Montgomery } This instrument was acknowledged before me on day of lw 2008, by Tay Leon Wolf, Jr., Owner. Notary Public, State'of 7VAi�`A 1 a bama N'M1 HV PUM,J{' Ssj'ATV, (')P ATABAMA AT i.h,At:E: MY COMIMISSIO! EXPIRES: MaN 25, 200 BONP>FZ IIIR[: NOTARY F6RLIC t;KF3E:RF4'RSTEKS 2008 annexationdev agree Page ` x i ,; # ,t; x r Entered into this day of NoV2008. OWNER(S): Printed Name: I ) Annexation Area: WCAD 8040756 Wall McLachlan 118°235 Acres THE STATE OF TEXAS COUNTY OF i E am6m } This instrument was acknowledged before me on the 111day of 2008, by Iva Wolf McLachlan, Owner. JUL10h L D�i�L NOTARYPUBLIC STATE OFFEMLS rO , E R 02/12/20411 s annexation dev agree WolfR040756 Page 9 of 12 Public, State of Te Entered into this f daNY of1 0eLVI W, LnaiL, 2008. OWNER(S): Printed Name: Tarries David Wolf Annexation Area: WCAtJ' R040756 1185.235 Acres THE STATE OF TEXAS } COUNTY OF k-0' i���� e This instrument was acknowledged� > � l=� before me on the � day of 1r 0t*v�2008, by James David Wolf., Owner. Llh�J'U`A BOYD GRAVES Notary Pudic, State o` Texas Pity `✓ommission Expires t1k �,a S EP i EMBER 20, 2011 THE STATE OF TEXAS COUNTY Or WILLIAMSON Notary, Public, State of'Texas THE CITY OF GEORGETOWN, "TEXAS By: Printed Name: Paul Brandenburg Title: Cit�f Manager This instrument was acly owIedged before me on the day of , 2008, by Paul Brandenburg, City'Manager; Cite of Georgetown, Texas. Notary Public, State of Texas 2008 annexatiori dev agree Wolf R040756 Page 10 of h*bt C4 AFTER RECORDING RETURN TO: Karen Frost, Administrative Supervisor C'onununitti✓ Development Citi= of Georgetown, Texas P. Box 14" Georgetown, Texas 78627 I1: ann.exatior, dev agree Wolf R0407536 Page 11 of 12 0 bV 4 s'% y au' v :` o � � ; �l�' EXHIBIT A PROPERTY Y DESCRIPTION 2008 annexation dev agree Wolf.4 Page 12 of 12 v :+ ).. >g. Exhibit D I. INTRODUCTION C.ITX.' OF GEORGETOWN ANNEXATION SEIZ ti' ICE PLAN AREA No. S 1 C CIUTNCrL DISTRICT Nn DATE: DECEMBER 31, 2008 This Service Plan (the "Plan"} is made by the City of Georgeta�vn, Texas („Cite") pursuant to Sections 43.056(b} -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code ("LGC"). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which is referred to as "2003 Annexation Area Sti�'1". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the Cita on September 9, 2005 and September 23, 2008 in accordance with Section 43.056(1, of the LGC. II, TERM OF SERVICE PLAN Pursuant to Section 43.06(l) 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 City Council and must be accomplished by Ordinance. III, INTENT It is the intent of the Cite that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The Cit<� reserves the rights guaranteed to it by the LGC to amend this Plan if the Cite Council determines that changed conditions, subsequent occurrences, or anv other legally sufficient circumstances exist under the LGC or other Texas lasers that make this Pian unworkable, obsolete, or unlawful. IV, CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized b�/ those services which are (1) available to the annexed area immediately upon annexation; (2} those services which will be available to the annexed area within 2i 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'. 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 33 Area SWI ORPe 2002.97 i For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal seri-ices to anv other areas of theJCity, and pias. ulclucle causing or alloy/\7iilg private unllties, governmental entities alld otherpublic service or�anizationS to provide such services by contract, in whole or In part; and mai LicPude uutieS on file part of a private iancio�A.7rler with regard to such serviCeS. In a tditlo 1,, accordar't e l,��itn Je tlo 4J.UDOi g; of the 1 ACCI if oefore a nexation the aalnexed area had a lov,7er level of ser rices, infrastructure, and infrastructure maintenance than the same being provided by the Citv to ocher areas �tiritllin the Cite limits, this PIan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level or services, infrastructure; and infrastructure maintenance in other parts of the Cite with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PRON71DED UPON ANNEXATION 1. Police protection -Upon annexation, the Georgetown Police Department will extend regular and routirie patrols to the area. 2. Fire Protection and Emergency Medical Seri=ices- Upon annexation, in the areas where the City- has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetoivn Fire Department to areas within the City limits. J. Solid Taste Collection —Upon anrlexatioll, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 403.056(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 City is prevented from providing solid waste 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 annexed area v?iII be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.02. 020 of the Unified Development Code ("UDC"', for unplatted tracts in the annexed area, the City 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, rtor in which the standards contained in the UDC or referred to therein I ave not been complied with in full. Annexation Service Pian 110Y.9008 Annexations Page 2 of 23 Area SWI 0ti 09- r i 5. Operation and Maintenance of Streets,. Roads, and Street Lighting - The Cite NIvil provide preventative maintenance of the existing public streets and roa=ds n tl�e annexed area over which It has jurisdiction through maintenarlCe and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; Crack seal, sealCoat, slurry seal, and PM overlav; and other routine repair. Tne Litt` sl,al Eo+ a a lpr=e i^oa.s it the annexed area. Ireke atiie i�ai l en> tce projects are prioritized on a City -Guide basis and scheduled based on a variety of wa factors, including surface condition, rideabilit<', age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unpiatted tracts in the annexed area, the City shall not repair, maintain, install or provide anv streets or street lighting to anv subdivision for which a Final Flat 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 Cite of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility 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 Fools - Upon annexation, publicly owned parks, playgrounds, and swimming ools in the annexed area (if anIIrv} will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation far other areas in the Cit -a= limits. Privately owned parks, playgrounds, 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 Services - Should the Citv acquire any buildings, facilities or services necessary for municipal seri ices in the annexed area, an appropriate CitN department will operate and maintain them. S. Library -Upon annexation, library privileges will be available to anyone residzing in the annexed area. 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the Citv's Unified Development Code and Title 15 of the City 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 i. AnnexationS Area swil OADO Page 3 of 13 10. Animal Control Services - The provisions of Chapter 7 of the Citi Code of Ordinances relating to animal control services shall apple in the annexed area. 1 i . Business Licenses and Regulations — i ne provisions of Chapter 5 of the City Code 01 UiinanCeS relating to business licenseS and regulations (i`a lllvaiS lircuS2S and Other�xhi itions; Eiec rician's Licenses; GroSS Receipts Charge or S reet Rental; rediers rta Solicitors, Taxicab-, Buses an :>tife: �'eiii les for riire, nose Lr~a: it Carriages and other Non -motorized Vehicies for Hire; Sexually Oriented Businesses; and Alcoholic Beverages} shall apply in the annexed area. 12.Health and Safety Regulations — The provisions of Chapter 8 of the Cite 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 Welfare -- The provisions of Chapter 9 of the Cif), Code of Ordinance relatiing to peace, morals and welfare (Housiing Discrimination; 1, eapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4112 FEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — Tlne Cite will initiate the construction of capital improvements necessary for providing municipal services for the armexation area as necessary for services that are provided directly by the City. 2 mater and Wastewater Services— Water and wastewater services are only pro�.ided 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 Citv's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite server system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue 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 any property ii1 the annexed area,. the provisions of Chapter 13 of the UDC shall apply. TheCit-\7 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 Citt%'s authorized service areas, the Citic shall, subject to the terns 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 2008 Annexations Page 4 of 13 Area SW1 0 � ST Ex th Ii of water and wastewater services will be provided in accordance with the policies summarized in Section X of th?s Plan and ivith any applicable construction arLd design standards manuals adopted by the City, 3. Water and Wastewater Capital improvements Schedule — Because of the time required to design and construct the necessary Water and wastewater facilities to serve the rt Xe -? � services cannot t o �- �I ��rr, ndCin Tit �-i 1 a use �c area; certaiZ s calu o: �e reaso ,al ;,.,:� a ��� n effective date of annexation. Therefore, in accordance with Sections 43.065,0; and {e} of the LCC, the Citv shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The folloi,Ting schedule for improvements is proposed: construction will corrunence within 2 years from the effective date of annexation and "rill be substantially complete within 4 ;z years from the effective date of annexation. However, the provisions of Section DTII of this Plan shall apply to the schedule for completion of all capital improvements. in addition, the acquisition or construction of the improvements shall be accomplished by the Citi= succeeding to the powers, duties, assets, purchase, lease, or other contract or by 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, which may require that the property owner or developer install roads and streets at the property mvner's or developer's expense. It is anticipated that the developer of new subdivisions in the area wiL install street lighting in accordance with the City's standard policies and procedures, Provision of street lighting will be in accordance v;rith the City's street lighting policies. 5. Capital Improvements for Other Municipal SenTices No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Plavgrounds, or Swimmirig Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VIL FORCE MA)EURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events 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; war, blockages; riots; strikes; epidemics; forces Annexation Service Plan for 2008 Annexations Page ti of 13 Area SW1 ,opto. a of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the Cit i%. env deadlinesor other provisions of t11is Dian that are affected Lex' a Force Majeure Event shall be autc)maticalfV extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this flan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with 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 with generally accepted local engineering and architectural standards and practices. However! the City does not violate this Flan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. NTHI, AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval b? the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established it the Plan before amendment. Before any 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 proirided by Section 43.0561 of the LGC. Ih. FEES T he Citi maN impose a fee for an; municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City 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. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility- extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Annexation Service Plan for 2008 Annexations Area Swi w.'.D r> Page 6 of 1 Manual, and other published policies and. technical manuals, as the same may be amended from time to time, shall control the extension of water and wasteivater services to the annexed area. In addition, these policies and ordinances are set by Citi% Council and can be amended in the future: L In general -- The provisions of Chapter 13 of the Citv's Unified Development Code 'D`�' siiaii app ' i:: tree arulexed a.r'Ci an `moi anter rF1 'mitt, inn nff' ir,Nyy^ n sac „z « e e �. a. i Portions of the current Chapter 1'S of the 'UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the Citv Council and are subiect to change from time to time. A. The City shall not repair, maintain, install or provide anv water services, wastewater service, gas, electricitNT or any other public utilities or services to anv property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the Citv's UDC or other City 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 water supply system for fire protection and domestic/ commercial,' industrial usage consistent withe Comprehensive Plan. Where an approved public water suppiy or distribution main is v,Tithin reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is bath possible and permissible (including adequate system capacitythe subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordhnances, snake 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 Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary server system except as otherwise provided herein. Where an approved public sanitary sewer coLection main or outfall line is i ease less than one-half mile away, and connection to the system is both possible and permissible (including adequate syrstem capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sever system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property 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 properh, boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public Annexation Service Plan for 2008 Annexations Area swi Wr► Page 7 of 13 wastewater collection system. The design and construction of a public sanitary sewer system shall comply S.vith r- gO-ul tions COVerII2cr extension of public sanitaYV se-v%Ter systems adopted bV the Texas CommiSSlon on Environmental Qu alitti'. '. Ali lnirastru, �I a -n public improvements must be desi?neci and i staliec in accordance vtirith all of the elements of the Comprehensive Pian and shall meet ti -ie minimum requirements estabiisl�ed b,' the UDC., the City s Cor struction Standards and Specifications for Roads; Streets, Structures and Utilities, and arty Other adopted Citv 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 City's Construction Standards and Specifications and to operate on a gravity' flowJ basis My taking advantage of natural topographic conditions and therebv reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have Cite 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 determmes 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 City's Il1'ater 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 Citv Manager for Utilities for construction by the developer at the developer's cost and expense. If the specific undeveloped property does have adequate Citti- 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 paying the required fees. u.If 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 a legal lot greater than one acre u1 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 propertv changes, the properhe 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 owner has received notification from the City of the Citv's desire for the taroperty to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to wTithin 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 13.20 of the Citv Code of Ordinances, Properties using a septic system 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 for 2008 Annexations Page 8 of 1.3 Area SWI o single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the Citt,r's Future Land Use, Flan shad continue the use of a septic sx, stem until such time that the use of the property changes, the property is further subdivided or developed, or a pubiic sanitary sewer line has been extended to `'1'Lr n 2010 feet of the property boundalry and the property ovmer has received notiticatlon from the City of -the City's desire for the property' tci tie Cflnneci- to ii D. Proiects should begin the construction phase NV' en existing, demand at. a s eeific iocmion exceeds 90% of current capacity, and future demand is expected to exceed the current total capacity,. v. roiects rtauire-d to 1a.Cillta'LG 111e Ue Vei:Jj.3lnerll of a JpCCHJ : dict sl1Q1t be U4ltte Int accordance with the Unified Development Code. P. Projects required as a result of an annexation service plan shall be. provided as stated in the approved Service Pian fog such annexed tracts. 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 ofthe 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 proN71de 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 growth, 2) maximizes the provision of service to the service area, 3 j enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 5) facilitates the completion of the utility master plan. D. At the City's sale option the City may also facilitate tate installation of utility expansion requests through 1 } financial cost contribution, 2) fmancino 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, } Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: See. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use anv 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 2006 Annexations Page 10 of 13 1. connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and re6ulations of all appropriate state and local agencies having jurisdiction over such facilities: or oiLneCtlon to a public Centralized wastewater collection main with all wastewater, dischargeu to a centralized puUhc wasteateI Co11CCt10n system. 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 Citv's Unified Development Code, C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Se Babe 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 Ioeal 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 servicingthe property, or the date that is five (5} years after receipt of notice ofthe availability of a wastewater collection main within 200 -feet of the property line. C, Failure of On Site Sewace Facility. 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 gravity or ioN 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 Chapters 13.10; e. 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) Page 11 of 13 Area SW I ..f v '+. ; ;i ZZ 7 f _ Sec. 13.20.030. Privies prohibited. It is unla-w' for anv owner or lessee.. tenant or other pe?"son rri possession of ani° pre: rses in the %iIL to esiah'ish or ?rLailltaln any r;ivy �r Ctrl% CIoSet. Sec.1?.20.00 LoNyv Pressure Sewer Systems A. A "Low Pressure Sewer Svstem" is an individual lift station 'located at each utility customer or property owner location having a private force main connectina. to a public force main or gravity main located in a public. utility easement or public richt-of-way. B. 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 13.20.0.50. Prohibited Discharges into Sewer- System No person shall discharge, cause to be discharged, or permit to be discharged, either directly 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 designee: A. Anv wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Anv stormwater, groundwater. rainwater_ street drainage subsurface drainage. or yard drainage; C. Any unpolluted water, including but not limited to, cooling water. process water or blow -down water from cooling towers or evaporative coolers; .n� wastes or `yastewater. or anv 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. Any holding tank waste. provided, that such waste may be placed into facilities designed to receive such wastes and approved by the Cite Manager, or his/her desiornee. Section 13.20.060 Sewer SNTstem Maintenance A. For properties with or 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 budding and the point of connection into the public sewer main. B. 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 Pabe 12 of 13 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 main. C. When, as a par; of sCv'cr sysT.Cm testing, the Citi" identifies a flaw lin a p?"1vate sei�Tic lateral or force main "ttilnel`e a repair is neccssary to p? e, ent iiifllratioin or inflow. .the property owner and utility customer shalt be responsible to cC�Luse tiie repairs to be made within one(?)year of the date of notification by the ��ity. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the Cite and subsequently charged to property o-wner and utility customer. Annexation Service Plan for 2408 Annexations r^ Y Page 13 of 13 U) 0 0 0 m 0 0 0 0 0 0 0 0 D J 0 0 0 0 0 0 � 0 0 0 01 ii 0 0 0 0 C) 00 0 0 0 0 0 c0 0 0 0 c o o c o� 0 0 o O 0 CO 0 0 0 of 0 0 0 0 O �oco, L7 Crcc� CL CO, c =�cvd U .e, cin m i. J. cJ N T T T T T fn T C.0 ry M O O LO O O O 0 O � U Q) yk co p— J } i 4 Nt O m cy% O O L37 O a; O O � O O O N CO cC7 et ('O� I.J. 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