Loading...
HomeMy WebLinkAboutORD 2006-94 - ANX Georgetown Village 6gr Ordinance No. doo6" An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, as described in Exhibit A of this Ordinance; which said territory lies adjacent to and adjoins 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 establishing an effective date. WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met; and WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than three qualified voters in residence, thus meeting the specific criteria in the State Statute; and WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and WHEREAS, the Georgetown City Council approved a resolution granting the petition on July 11, 2006; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on August 8, 2006 and August 22, 2006; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Ordinance No. A06 _ _`q 4 Page 1 of 3 Annexation orGeorgetown Village Section 6, revised WHEREAS, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan - Policy Plan Element: 1. Policy Statement 1.0: The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. 2. Policy Statement 2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The City Council of the City of Georgetown hereby annexes: 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, as described in Exhibit A of this ordinance and as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, as described in Exhibit A of this ordinance, is included in City Council District 4, as it is adjacent to Council District 4 and no other City Council Districts. Section 4. 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 5. 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. Ordinance No. - Page 2 of 3 Annexation. of Georgetown Village Section 6, revised Section 6. 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 12t" day of September, 2006. Passed and Approved on Second Reading on the 2 day off ' 2006. Attest: V Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney The City of Georgetown: Mayor Ordinance No. Page 3 of 3 Annexation of Georgetown Village Section 0. revised STATE OF TTA EXHIBIT A COUNTY OF `` 'SON § FIELDNOTE DESCRIPTION of a 32.5897 acre Vast of land out of the Wdliom Roberta Survey, Abstract 524, the Leroy B. Lord Surrey, Abstract 407 and the Joseph Fish Survey, Abstrat 232, Manson County, Texas, being a portion at that 6.583 acre tract, described as Tract I. conveyed to Wilson Family Communities, Inc., by the dad recorded in Document No. 2006019814 of the OfBdol Public Records of Maroon County Texas, end all of that vt 31.3086 acre treat conveyed to Wilson family Communities, Inc., by deed recorded in Document No. 2005092274 of J the said Dfficial Public Records. The said 32.5897 acre trod, being all of proposed Georgetown Vi ", Section Six r n subd'rrMW, is More particrarty described by metes and bounds as follows: t7` BEDWM at a %' iron rod found an the amteriy right-of-way Tee of Tillage Commons Barw+od (60.00' �} 9 a Right —of —Way), for the southeast corner of Georgetown Wage Section Five, a subdivision recorded in Cabirat Y, ✓ C .� U i Sides 320 through 322 of the Pict Records of Morrison County, Taws, and the northeast corner of Wlooe Commons Boulevard (60' fight -of -way) as dedctl by plot in Shelf Ranch. Section One, a subdivision recorded in Cabinet '0', Slides 364 through 367 of the said Pie Records, and being a point on the West line of the sad 31.3086 acre trod THENCE. N1635132 r" with the matedy right-of-way line of said Village Common Boulevard, at 221.00 feet pass o %' iron red found for a northwest tamer of the said 31.3086 acre tract. being a southwest caner of the said 6.583 awe tract, continuing for a total distance of 331.00 fed to a %i' iron rod found for an all corner of the said 6.583 acre tract THENCE, S73'24'284E, leaving the smarty right-of-way line of Village Connmores Boue,ard and crossing through the sold 6.583 acre treat, for a distance of 450.00 fed to a %0 iron and set on an add" line of the 6.583 acre Val being a northwest fine of the 31.3086 acre treat dascri0ed above. THENCE. N1635'32*c with the common line between the 31.3086 acre duet and the 6.583 acre tract, 3DO.90 fed to a %' iron rod found for the most northerly northwest corner of the said 31.3086 acre troth; THENCE, S7324'287, continuing with the said common fire between the 6.563 acre trod and the 312M owe tract 197.80 fad to a %' iron rod found for a northeast comer of the herein described trail, being a northeast comer of the ebremid 31.3086 acre tract ad the most eadany comer of the daemid 6.583 acre tract, from which a K' iron rod farad for the most east" northeast comer of the sad 6.583 acre Voct being the southeast weer of that 14.417 acre tract, described as Tract 9, conveyed to Wdmn Family Communities, Inc., by deed recorded in Document No. 2006019814 of the said Offneiai Pulokc Records, bees N1539'160E, 15.19 feet; THENCE. waving the said 6.583 acre tract with the northeast lime of the sad 31.3056 acre hat, being across the remainder der of that 195.137 acre tract conveyed to The Adkins Ranch, Ltd., by deed recorded in Document No. 9553464 of the said Officiai Public Records, for the fo8owing four (4) courses: 1) S15713'29'W, 66.12 feet to a fit' iron rod fond far an angle pant; 2) S15'18'22'E 198M fed to a S(' iron rod found for an angle point; 3) S1 P52'47'E, 328.09 fed to a }(' icon rod found for an angle pant; 4) S41'10'28'E, 157.38 fed to a Y' iron rod found for the northwest comer of that 1.551 acre trotL described as Tract I, conveyed to The Tanner Ranch, Lid, by deed recorded in Document No. 2OW95M of the said OfWal Public Records; _ THENCE, cotfint" with the northeast lane of the 31.3086 acre tract, being the westerly fine of the mid 1.551 are tract, for the followeg feu (4) courses: 1) S41'10'2M 9.10 fed to a %* ion rod found for on angle point; 2) S21'27'070E, 212.D3 feet to a fit' inon rod farad for an onge point; 3) S175746'E. 192.23 fat to a }(' iron rod found for on ogle pant; 4) S43'05'50'E, 110.26 tat to o ;¢' icon rod found an the wernany riot -of -Way lam of Sha Rood (80' right-of-way), as dedicated in Vokme 1751, Page 872 of the Deed Records of Wr7iemmn county, berg the most wAherfy tamer of the said 1.551 owe tract, and the mat eostedy caner of the 31.30B6 awe tract THENCE, S1724'54'W, with the common seat line 'd the said 31.3M acre tract one westerly right-of-way free of Shy Resod, 436.12 fed to a %' iron rod farad for the southeast toner of the aforesaid 31.3086 cars tract; THENCE, leovkg the vestsery right-ef-way line of the said Shag Read with the south Fine of the said 31ZM acre trod, beep oaom the aforesaid remainder of the 195.137 awe tract, far the fallowing six (6) courses; 1) N7S24'28'W. 718.05 fed to a }(' iron rod food for the poet of curwfure of a cave to the left 2) With said curve to the eft, tnvirg a central angle of 9(T00'00', o radar of 5.00 fed, a chord distance of 7.07 fed (chard boas S81'35'32'*), for an are dieawe of 7.85 fed to a %" iron rod found for a tamer, 3) N7324'28'W, 50.00 fed to a �' iron rod fond for the point at weredre of a non-torgend save to the left; 4) Nth mid curve to the eft, he" a central age of 9(700'00', a radius of 5.00 feel, a chard distance of 7.07 feet (chord bears N28'24'2", for on arc distance of 7.85 fed to a %' iron rod food for the point of thm4encY 5) N7324'2819, 630.22 fed to a �' iron rod farad for the point of curvature at a curve to the left 6) With said curve to the oft, having a caned ongke of 9530'03I, a radius of 5.00 feet, a raerd distance of 7.58 fed (chord bears S57'20'3", for an arc dwfoice of 8.60 tee to a %* eon rot fount, on a sue to the right, on the matery right -al -way fine of oforemid WW" Gammons Boulevard, be'ag the southwest comer of the aforesaid 31.3086 acre tract THENCE, with the common I'me between the 31.3086 are tract am the easiaiy night -of -way of the mid Village Commons Boulevard, for the faflowinq two (2) courser: 1) W8h the said nave to the right, haveg a central aurae of 08'VOY, a radius of 440.00 feet, a chard distance of 65.22 fed (chord been N1720'30'Q, for an on: disionce of 65.28 fat to a i' icon rod found for the point of tangency; 2) N1635'32`, for a distance at 736.38 feet to the POW OF EEgNt", CONTAINING within these metes and bounds 315897 acres of land am. Note:'M inch eon rod' denotes a '%' iron rod food or set, with postic cup marked 'Capitol Surwrpq Co., inc., unties othan Tee noted. Basis of bang is the Texas State Plane Coordwoie System, Gentml Zone, W 83 4h1 bj+ jD i 11 lIl-, Ill Vi IV, IV I IV V IV le I IV m � rV Ii1ti N Poo Sun City', IV r ass'° 1111 r n\kINt tivxxias" 11 ti71,°Qa c VV S F a � s SlY ` X C Vl u 4 i i r '• ° , _ d� t. °1, r7 ._�IV a i Georgetown Village Section Six ' E d The Resetv �y "('.. 7 CC pp p� 2OOJ�2V ,...� y a'"� d �°9. _VV, 16 141-11 Ya p p 2A ya.6� Georgetowi��liilage �R na a 16 16 ¢ p h94 11.9 V. rJ Georgetown Village Section Nine • , T i , ! %'.1J �isv P' Ay aP P J' S �,y',a° F F '"' ' 4'''s'.vr r .�. r /�,� • a2 {}(l ,"..+..iyy1",s.."' _ ` VCy�jl�sC�`d`i" "`6s` J s`IV k AV sQ,- ©ooa��='' '� �� �� 'erena�da Country . �� °v s V_sts�p \VA P e 49 oodlake;IV �� t� _ ' �� 4 r ..b V 1, `a '.Se luH la'r West' r� y6.1 ` i Legend ANNEXATION AREAS Annexations THOROUGHFARE j Area CLASS September 2006 Voluntary Annexations � 6V Section Nine C:::.: Future Major Arterial City of Georgetown i GV Section 6 revised —__= Future Collector Planning and Development Services Division: Draft Cartographic Data for Planning Purposes Only ORD1 ETJ July 5, 2006 r f.� City Limits o a, oz oa �Gf7 1,c 7cita s 2005-28 11 [_...f t a� i 1 inch equals 1.500 fee; ORD# 0� -qq h i bi-B page 1 - 1 AHIBIT C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: GEORGETOWN'VILLAGE SECTION 6 REVISED COUNCIL DISTRICT No. 4 DATE: SEPTEMBER 26, 2006 L INTRODUCTION This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") 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 "B" to the annexation ordinance, which is referred to as "Georgetown Village Section 6, revised". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on August 8, 2006 and August 22, 2006, in accordance with Section 43.056(j) of the LGC. IL TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide full municipal services (defined in the LGC as being those provided by the City within its full service boundaries, including water and wastewater and excluding gas or electrical services) in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by 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 21h years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available ORD. 900(,A4 Scklbl Annexation Service Plan Page l of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised within 4'/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City extends municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan 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 of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- 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 Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, beginning with the occupancy of 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 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the 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 will be maintained upon annexation and such maintenance shall be governed by the i Annexation 6� etion Service Plan . Paae 2 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01 020 of the 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, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing streets and roads in the annexed area over which it has jurisdiction through such maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, 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 unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City 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 Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) 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 for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation. f 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. Annexation Service Plan Paae 3 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the City'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. 10, Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles 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 City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI SERVICES TO BE PROVIDED WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services in General — Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's Annexation Service Plan Area: 1.28 Acres, Georgetown Village Section 6, revised Pao.e 4 of 10 authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract to install water and wastewater lines. The extension of water and sewer services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Services in General — Water and wastewater services will be provided in accordance with the Sun City Development Agreement. 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 Impact Fee 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 owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools, Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for 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. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS A. 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 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 City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. Annexation Service Plan Page 5 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised B. In accordance with Section 43.056(e) of the LGC, this Plan 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 Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state 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 in 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 provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. 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 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 wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: Annexation Service Plan Page 6 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area. Portions of Chapter 13 of the UDC are summarized below: A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a legal lot. B. For property that is required by the City'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 with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. No connection shall be required for subdivisions located more than 1/2-mile from a main or outfall line. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality, E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer OpDO goo(,9q Exhvb&C Annexation Service Plan Area: 1.28 Acres, Georgetown Village Section 6, revised Page 7 of 10 systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. 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 septic system fails before City wastewater service is extended to the property, then the property owner must either repair the septic system or pay to connect to the City service as it may then exist. 5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. : 6. Section 13.10.010 of the City Code of Ordinances provides as follows: City Code Sec.13.10.010. Policy established. This policy shall apply to improvements to the City's utility systems, which encompass both existing system upgrades and system expansion for treatment plant capacity, utility line networks and appurtenances. It is established as the official policy of the City that all utility system Annexation Service Plan Pace 8 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised improvements shall be planned, designed, constructed, operated and maintained such that: A. Upgrades of existing infrastructure and system extensions in close proximity to existing utility networks shall be preferred to excessive line extensions and expansion of the system outside the established and approved utility service area. B. Priority shall be assigned to projects which provide the greatest benefit as measured by the size in acres of the land to be served and the level of capacity to be provided. C. System improvements which promote the retention and/or creation of long-term jobs shall receive greater emphasis over projects which produce only temporary or no lasting employment results. D. Improvement programs which support and complement the City's adopted economic and industrial development objectives shall receive preference. E. Projects which increase property values and retail sales are preferred. F. Project capacity should be able to accommodate projected demand for a ten-year period. G. Improvements that will achieve shorter build -out times and will initially satisfy higher levels of projected ultimate demand capacity are favored. H. Infrastructure programs designed to simplify construction, operation and maintenance are preferred. I. There exists the potential for the City to recapture 100 percent of all nonreimbursed City expenditures. J. Participation by owners of benefiting property is strongly encouraged. K. Incentive for up -front participation: 1. Enter into contract; 2. Guarantee capacity availability for ten years: m b. Annexation Service Plan Page 9 of 10 Interest free for first three years, Interest at T-Bill rate for remaining seven years, Area: 1.28 Acres, Georgetown Village Section 6, revised 3. If option not exercised in ten-year period, guarantee for capacity expires, 4. Option assignable if all/part of property sold during life of agreement, 5. Prepayment applied to 100 percent of cost of first units used. L. Terms for obtaining capacity: 1. At time of connection, full payment for units of capacity requested computed on design capacity plus carrying costs calculated from date of award of contract for construction of initial project. (This is for nonguaranteed capacity and assumes capacity is available.) At time capacity is desired may obtain guaranteed capacity by paying in the same manner as for a connection but must provide City with one-year notice of intent to connect to system. 2. All payments based upon units of capacity; 3. All necessary easements are donated and only facilitate the ability to connect to system but do not convey any right or privilege to hook on to system (water system will provide fire protection and lower fire insurance rates.) M. Water line improvements shall be designed and constructed to satisfy domestic/industrial demands and fire flow requirements as forecast in the City's Comprehensive Plan. N. System improvements will begin when existing line demand equals 70 percent of design capacity or committed capacity plus existing demand equals 90 percent of design capacity. O. All design and implementation of utility improvements shall be in accordance with the City's adopted Comprehensive Plan. This policy is set by the City Council and can be amended in the future by ordinance. ARID• AC)No-gi x ibif Annexation Service Plan Page 10 of 10 Area: 1.28 Acres, Georgetown Village Section 6, revised Ordinance No. 00 ®q5 An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 10.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, as described in Exhibit A of this Ordinance; which said territory lies adjacent to and adjoins 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 establishing an effective date. WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met, and WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than three qualified voters in residence, thus meeting the specific criteria in the State Statute; and WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and WHEREAS, the Georgetown City Council approved a resolution granting the petition on August 8, 2006; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on August 8, 2006 and August 22, 2006; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Ordinance No. A ' q5 Page 1 of 3 Annexation o f Amy Tract, remainder WHEREAS, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan - Policy Plan Element: 1. Policy Statement 1.0: The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. 2. Policy Statement 2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced qualihj of life for the citizens of Georgetown, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 2. The City Council of the City of Georgetown hereby annexes:10,158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, as described in Exhibit A of this ordinance and as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 1.0.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, as described in Exhibit A of this ordinance, is included in City Council District 1, as it is adjacent to Council District 1 and no other City Council Districts. Section 4. 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 5. 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. Ordinance No. Aoo(o _ q ~ Page _2of 3 Annexation of Am y Tract, remainder Section 6. 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 12tn day of September, 2006. Passed and Approved on Second Reading on the6' day o 40�"r _006. Attest: 2 ' d b�' Sandra D. Lee City Secretary Approved as to form: dye ' Patricia E. Carls City Attorney The City of Georgetown: Mayor Ordinance No. c 00(p "q5* Page 3 of 3 Annexation of Avery Tract, remainder EXHIBIT A EXHIBIT OF A 10.158 ACRE TRACT METES AND BOUNDS DESCRIPTION JUL. 2 1 2006 D ril .l`jTNx DEN'. ull �l I`1IrES ALL THAT CERTAIN 10.158 ACRE TRACT OF LAND OUT OF THE WILLIAM ADDISON SURVEY, ABSTRACT NO, 21, WILLIAMSON COUNTY, TEXAS. BEING A PORTION OF THAT TRACT DESCRIBED AS 168.15 ACRES, MORE OR LESS, ACCORDING TO A WARRANTY DEED WITH VENDOR'S LIEN GRANTED TO CHARLES N. AVERY III ET. AL., DATED APRIL 22, 2005; AND RECORDED IN DOCUMENT NUMBER 2005031263, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 10.158 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND ON THE EAST LINE OF F.M. 1460 (VARIABLE WIDTH RIGHT-OF-WAY) AT THE NORTHWEST CORNER OF A CERTAIN CALLED 1.0 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO CARL W. GATTIS AND DOROTHY F. GATTIS REVOCABLE LIVING TRUST DATED JUNE 23, 1998 AS RECORDED IN DOC. NO, 9834539, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, WITH THE EAST LINE OF F.M. 1460 AND WITH THE WEST LINE OF SAID MOORE TRACT, THE FOLLOWING THREE (3) COURSES: 1. N20045'23' W, A DISTANCE OF 479.40 FEET TO A TXDOT TYPE I MONUMENT FOUND; 2. N32002'00"W7 A DISTANCE OF 102.27 FEET TO A TXDOT TYPE I MONUMENT FOUND; 3. N20045'23"W, A DISTANCE OF 443.09 FEET TO A'/2 INCH IRON ROD WITH CAP FOUND FOR THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 3.0 ACRE TRACT DESCRIBED IN A DEED TO LEE LOGAN SCHNEIDER DATED SEPTEMBER 12, 1967 AS RECORDED IN VOLUME 501, PAGE 645, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, N69005'54"E, A DISTANCE OF 622.82 FEET TO A'/2 INCH IRON ROD WITH CAP FOUND FOR THE SOUTHEAST CORNER OF SAID SCHNEIDER TRACT; THENCE, N21 °04'12' W, A DISTANCE OF 210.04 FEET TO A'/2 INCH IRON ROD WITH CAP FOUND ON THE SOUTH LINE OF THAT CERTAIN CALLED 5.00 ACRE TRACT DESCRIBED IN DEED TO LEE LOGAN SCHNEIDER, ET UX, DATED APRIL 23, 1981 AND RECORDED IN VOLUME 834, PAGE 637, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; Pacre I of 2 THENCE, N69006'48"E, AT A DISTANCE OF 83.40 FEET PASSING A'/2 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 26.00 ACRES TRACT DESCRIBED IN WARRANTY DEED TO LIN TELEVISION OF TEXAS, L.P. AND RECORDED IN DOC. NO. 199955597, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, CONTINUING WITH THE SOUTHERLY LINE OF SAID 26.00 ACRE TRACT IN ALL A TOTAL DISTANCE OF 930.10 FEET TO A 1/2 INCH IRON ROD SET WITH CAP STAMPED "PBS&J" IN THE WESTERLY LINE OF THAT CERTAIN CALLED 168.15 ACRE TRACT DESCRIBED IN DEED TO CHARLES N. AVERY, III, JOHN S. AVERY, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL, CO- TRUSTEES OF THE JOHN S. AVERY EXEMPT TRUST, THE CHARLES N. AVERY, III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST, AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST RECORDED IN DOC. NO, 2005031263, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SOUTHEAST CORNER OF SAID 26.00 ACRE TRACT; THENCE, N20022'13"W, ALONG THE WEST LINE OF AFOREMENTIONED AVERY CALLED 168.15 ACRE TRACT A DISTANCE OF 1586.64 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE, S69018'221W, A DISTANCE OF 570.80 FEET TO A POINT FOR CORNER; THENCE, N21 °04'14"W, A DISTANCE OF 182.99 FEET TO A POINT FOR CORNER; THENCE, S73003'47"W, A DISTANCE OF 127.07 FEET TO A POINT FOR CORNER; THENCE, N21 °37'13"W, A DISTANCE OF 153.21 FEET TO A POINT FOR CORNER; THENCE, N64°40'02"E, A DISTANCE OF 128.99 FEET TO A POINT FOR CORNER; THENCE, N22057'29"W, A DISTANCE OF 369.78 FEET TO A POINT FOR CORNER; THENCE, N68019'58"E, A DISTANCE OF 591.55 FEET TO A POINT FOR CORNER; THENCE, S20022'1333E, ALONG THE WEST LINE OF SAID AVERY CALLED 168.15 ACRE TRACT A DISTANCE OF 734,49, FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 10.158 ACRES. The description shown hereon is for information purposes only and was not based on an on the ground survey nor should it be used for the conveyance of real property. Out R00(0�qy Paac 2 of EXHIBIT B r � REMAINING y t AVERY TRACT 0 3W eW OW zoo 1 `84Mf AHr 0 ..- 1 F i�� REMAINING AVERY TRACT Fm ORE TRACT 6337 AC 6504 Bridge Point Parkway, Suite 200 00, Austin, Texas 78730-5091 �.- Phone: (512) 327-6840 FAX: (512) 327-2453 CITY OF GEORGETOWN VOLUNTARY ANNEXATION PETITION 10.158 AC. AVERY TRACT Prepared for. City of Georgetown Job No.: 441718.00 Scale: V=600' Drawn by: S.R. Date: July 2006 File: K:tProjects1D444%SabinaSdwgXPRELIMINARY PLA"RSANNEXdwg EXHIBIT C I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: AVERY TRACT COUNCIL DISTRICT NO. 1 DATE: SEPTEMBER 26, 2006 This Service Plan (the "Plan") is made by the City of Georgetown, Texas ("City") 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 "B" to the annexation ordinance, which is referred to as "Avery Tract". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on August 8, 2006 and August 22, 2006, in accordance with Section 43.056(j) of the LGC. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide full municipal services (defined in the LGC as being those provided by the City within its full service boundaries, including water and wastewater and excluding gas or electrical services) in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by 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 21h years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available Annexation Service Plan Pa(e I of 10 10.158 Acres, Avery Tract, remainder within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City extends municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan 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 of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected izz the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection —Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services— 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 Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection — Upon annexation, beginning with the occupancy of 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 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the 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 -awned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the ORD* A00(0 a 95 64hibif CZ Annexation Service Plan Page 2 of 10 10.155 Acres, Avery Tract, remainder City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01 020 of the 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, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing streets and roads in the annexed area over which it has jurisdiction through such maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, 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 unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City 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 Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) 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 armexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. ORO. �q " 64hlbjFC Annexation Service Plan Page 3 of 10 10.158 Acres, Avery Tract, remainder 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the City'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. 10, Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles 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 City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI SERVICES TO BE PROVIDED WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services in General — Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. The City shall have no obligation to extend water or wastewater service to any part of the armexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's Annexation Service Plan Pace 4 of 10 10.158 Acres, Avery Tract, remainder authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract to install water and wastewater lines. The extension of water and sewer services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Services in General - Water and wastewater services will be provided in accordance with the Sun City Development Agreement. 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 Impact Fee 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 owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services - No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for 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. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS A. 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 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 City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event, AD 900(0a qS 64hjhj� Annexation Service Plan Page 5 of 10 10.1053 Acres, Avery Tract, remainder B. In accordance with Section 43.056(e) of the LGC, this Plan 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 Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state 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 in 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 provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. 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 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 wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: Annexation Service Plan Page 6 of 10 10.158 Acres, Avery Tract, remainder 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shalI apply in the annexed area. Portions of Chapter 13 of the UDC are summarized below: A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a legal lot. B. For property that is required by the City'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 with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. No connection shall be required for subdivisions located more than 1/2-mile from a main or outfall line. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer Annexation Service Plan Page 7 of 10 10.155 Acres, Avery Tract, remainder systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. 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 septic system fails before City wastewater service is extended to the property, then the property owner must either repair the septic system or pay to connect to the City service as it may then exist. 5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6, Section 13.10.010 of the City Code of Ordinances provides as follows: City Code Sec.13.10.010. Policy established. This policy shall apply to improvements to the City's utility systems, which encompass both existing system upgrades and system expansion for treatment plant capacity, utility line networks and appurtenances. It is established as the official policy of the City that all utility system OAD* 900(a � qS 194 k 1614 C Annexation Service Plan Page 8 of 10 10.158 Acres, Avery Tract, remainder improvements shall be planned, designed, constructed, operated and maintained such that: A. Upgrades of existing infrastructure and system extensions in close proximity to existing utility networks shall be preferred to excessive line extensions and expansion of the system outside the established and approved utility service area. B. Priority shall be assigned to projects which provide the greatest benefit as measured by the size in acres of the land to be served and the level of capacity to be provided. C. System improvements which promote the retention and/or creation of long-term jobs shall receive greater emphasis over projects which produce only temporary or no lasting employment results. D. Improvement programs which support and complement the City's adopted economic and industrial development objectives shall receive preference. E. Projects which increase property values and retail sales are preferred. F. Project capacity should be able to accommodate projected demand for a ten-year period. G. Improvements that will achieve shorter build -out times and will initially satisfy higher levels of projected ultimate demand capacity are favored. H. Infrastructure programs designed to simplify construction, operation and maintenance are preferred. I. There exists the potential for the City to recapture 100 percent of all nonreimbursed City expenditures. J. Participation by owners of benefiting property is strongly encouraged. K. Incentive for up -front participation: 1. Enter into contract; 2. Guarantee capacity availability for ten years: a. 0 Annexation Service Plan Page 9 of 10 Interest free for first three years, Interest at T-Bill rate for remaining seven years, 10.158 Acres, Aven' Tract, remainder 3. If option not exercised in ten-year period, guarantee for capacity expires, 4. Option assignable if all/part of property sold during life of agreement, 5. Prepayment applied to 100 percent of cost of first units used. L. Terms for obtaining capacity: 1. At time of connection, full payment for units of capacity requested computed on design capacity plus carrying costs calculated from date of award of contract for construction of initial project. (This is for nonguaranteed capacity and assumes capacity is available.) At time capacity is desired may obtain guaranteed capacity by paying in the same manner as for a connection but must provide City with one-year notice of intent to connect to system. 2. All payments based upon units of capacity; 3. All necessary easements are donated and only facilitate the ability to connect to system but do not convey any right or privilege to hook on to system (water system will provide fire protection and lower fire insurance rates.) M. Water line improvements shall be designed and constructed to satisfy domestic/industrial demands and fire flow requirements as forecast in the City's Comprehensive Plan. N. System improvements will begin when existing line demand equals 70 percent of design capacity or committed capacity plus existing demand equals 90 percent of design capacity. O. All design and implementation of utility improvements shall be in accordance with the City's adopted Comprehensive Plan. This policy is set by the City Council and can be amended in the future by ordinance. Annexation Service Plan Page 10 of 10 10.158 Acres, Avery Tract, remainder Ordinance No. 0 An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 66.737 acres, more of less, in the Williams Addison Survey, as described in Exhibit A of this Ordinance; which said territory lies adjacent to and adjoins 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 establishing an effective date. WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06, annex areas as allowed by State law; and WHEREAS, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and WHEREAS, the petition described the area by metes and bounds and was acknowledged in the manner required for deeds by each person having an interest in the area; and WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition of the landowner if specific criteria are met; and WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than three qualified voters in residence, thus meeting the specific criteria in the State Statute; and WHEREAS, the Section 4,03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and WHEREAS, the Georgetown City Council approved a resolution granting the petition on August 8, 2006; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on August 8, 2006 and August 22, 2006; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Ordinance No. s o("1 ' q4P Page 1 of 3 Annexation of Moore Tract WHEREAS, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan - Policy Plan Element: 1. Policy Statement Iff The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. 2. Policy Statement 2.0: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement8.0: Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 2. The City Council of the City of Georgetown hereby annexes: 66.737 acres, more of less, in the Williams Addison Survey, as described in Exhibit A of this ordinance and as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 66.737 acres, more of less, in the Williams Addison Survey, as described in Exhibit A of this ordinance, is included in City Council District 1, as it is adjacent to Council District 1 and no other City Council Districts. Section 4. 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 5. 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. Ordinance No. C 00(c ` Page ? of 3 Annexation of Moore Tract Section 6. 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 121" day of September, 2006. Passed and Approved on Second Reading on the day of;;t", 2006. Attest: k Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney The City of Georgetown: Mayor Ordinance No. 4 OO(V � i' Page 3 of 3 Annexation of Moore Tract, EXHIBIT "A" METES AND BOUNDS DESCRIPTION Jul_ 2 1 200E Pl>,Ax NPINI G I*kN ALL THAT CERTAIN 66.737 ACRE TRACT OF LAND OUT OF THE WILLIAM ADDISON SURVEY, ABSTRACT NO, 21 AND THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO. 295, WILLIAMSON COUNTY, TEXAS. BEING ALL OF THAT CERTAIN CALLED 66.74 ACRE TRACT CONVEYED TO MICHEAL L. MOORE AND WIFE, JANE CAROL PALMERTON MOORE ACCORDING TO A WARRANTY DEED DATED JULY 81 2002 AS RECORDED IN DOCUMENT NUMBER 2002052961 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 66.737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A'/2 INCH IRON ROD FOUND ON THE EAST LINE OF F.M. 1460 (VARIABLE WIDTH RIGHT-OF-WAY) AT THE NORTHWEST CORNER OF A CERTAIN CALLED 1.0 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO CARL W. GATTIS AND DOROTHY F. GATTIS REVOCABLE LIVING TRUST DATED JUNE 23, 1998 AS RECORDED IN DOC. NO. 9834539, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, WITH THE EAST LINE OF F.M. 1460 AND WITH THE WEST LINE OF SAID MOORE TRACT, FOLLOWING THREE (3) COURSES: THE 1, N20045'23"W, A DISTANCE OF 479.40 FEET TO A TxDOT TYPE I MONUMENT FOUND; 2. N32002'00"W, A DISTANCE OF 102.27 FEET TO A TxDOT TYPE I MONUMENT FOUND; 3, N20045'23"W, A DISTANCE OF 443.09 FEET TO A 1/2 INCH IRON ROD WITH CAP FOUND FOR THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 3.0 ACRE TRACT DESCRIBED IN A DEED TO LEE LOGAN SCHNEIDER DATED SEPTEMBER 12, 1967 AS RECORDED IN VOLUME 501, PAGE 645, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, N69°05'54"E, A DISTANCE OF 622.82 FEET TO A 1/2 INCH IRON ROD WITH CAP FOUND FOR THE SOUTHEAST CORNER OF SAID SCHNEIDER TRACT; THENCE, N21 "04'1211W, A DISTANCE OF 210.04 FEET TO A 1/2 INCH IRON ROD WITH CAP FOUND ON THE SOUTH LINE OF THAT CERTAIN CALLED 5.00 ACRE TRACT DESCRIBED IN DEED TO LEE LOGAN SCHNEIDER, ET UX, DATED APRIL 23, 1981 AND RECORDED IN VOLUME 834, PAGE 657, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, N69006148"E, AT A DISTANCE OF 83.40 FEET PASSING A 1/2 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 26.00 ACRES TRACT DESCRIBED IN WARRANTY DEED TO LIN TELEVISION OF TEXAS, L.P. AND RECORDED IN DOC, NO.199955597, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, CONTINUING WITH THE SOUTHERLY LINE OF SAID 26.00 ACRE TRACT IN ALL A TOTAL DISTANCE OF 930.10 FEET TO A 1/2 INCH IRON ROD SET WITH CAP STAMPED "PBS&J" IN THE WESTERLY LINE OF THAT CERTAIN CALLED 168.15 Page 1 of 2 =,v ACRE TRACT DESCRIBED IN DEED TO CHARLES N. AVERY, III, JOHN S. AVERY, A. NELSON AVERY, AND LUCILLE CHRISTINA AVERY FELL, CO- TRUSTEES OF THE JOHN S. AVERY EXEMPT TRUST, THE CHARLES N. AVERY, III EXEMPT TRUST, THE A. NELSON AVERY EXEMPT TRUST, AND THE LUCILLE CHRISTINA AVERY FELL EXEMPT TRUST RECORDED IN DOC. NO. 2005031283, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SOUTHEAST CORNER OF SAID 26.00 ACRE TRACT; THENCE, S20°35'54"E, A DISTANCE OF 576.79 FEET WITH THE WESTERLY LINE OF SAID 168.15 ACRE TRACT TO A 1/2 INCH IRON ROD WITH CAP FOUND; THENCE, S88023129"E, A DISTANCE OF 128.81 FEET TO A'/2 INCH IRON ROD WITH CAP FOUND; THENCE, N68045'33"E, A DISTANCE 1,689.40 FEET WITH THE SOUTH LINE OF SAID 168.15 ACRE TRACT TO A 1/2 INCH IRON ROD SET WITH CAP STAMPED "PBS&J" ON A WEST LINE OF THAT CERTAIN CALLED 38.069 ACRE TRACT DESCRIBED IN DEED TO CITY OF GEORGETOWN DATED NOVEMBER 21, 1990 AND RECORDED IN VOLUME 1970, PAGE 497, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, S28010'32"E, A DISTANCE OF 616.46 FEET WITH EAST LINE OF SAID MOORE TRACT TO A 1/2 INCH IRON SET WITH CAP STAMPED "PBS&J" AT THE NORTHEAST CORNER OF THAT CERTAIN CALLED 122.64 ACRE TRACT DESCRIBED IN A DEED TO THE CARL W. GATTIS AND DOROTHY F. GATTIS REVOCABLE LIVING TRUST DATED JUNE 23, 1998 AND RECORDED IN DOC. NO. 9834538, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE, S68042'54"W, A DISTANCE OF 1,369,90 FEET WITH THE NORTH LINE OF SAID 122.64 ACRE TRACT TO A 1/2 INCH IRON ROD WITH CAP FOUND; THENCE, S69012'46"W, AT A DISTANCE OF 558.10 FEET PASS THE NORTHWEST CORNER OF SAID 122.64 ACRE TRACT AND THE NORTHEAST CORNER OF THAT CERTAIN CALLED 105,394 ACRE TRACT DESCRIBED IN A DEED TO W. V. FORD, ET AL AS RECORDED IN VOLUME 524, PAGE 694, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AT 1,328.03 FEET PASSING THE NORTHEAST CORNER OF SAID 1.0 ACRE TRACT, IN ALL A TOTAL DISTANCE OF 2,048.38 FEET TO THE POINT OF BEGINNING AND CONTAINING 66.737 ACRES OF LAND MORE OR LESS. EXHIBIT B AVERY TRACT \ EXHIBIT C I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: MOORE TRACT COUNCIL DISTRICT NO. 1 DATE: SEPTEMBER 26, 2006 This Service Plan (the "Plan') is made by the City of Georgetown, Texas ("City") 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 "B" to the annexation ordinance, which is referred to as "Moore Tract". The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on August 8, 2006 and August 22, 2006, in accordance with Section 43.056(j) of the LGC. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(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 City that municipal services under this Plan shall provide full municipal services (defiled in the LGC as being those provided by the City within its full service boundaries, including water and wastewater and excluding gas or electrical services) in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by 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 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available Annexation Service Plan Palae l of 10 66.737 Acres, Moore Tract within 4'/z years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City extends municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, I nfrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection —Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services— 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 Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection — Upon annexation, beginning with the occupancy of 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 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the 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 will be maintained upon annexation and such maintenance shall be governed by the Annexation Service Plan Paae 2 of 10 66.737 Acres, Moore Tract City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01 020 of the 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, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting — The City will provide preventative maintenance of the existing streets and roads in the annexed area over which it has jurisdiction through such maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included il-i the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City 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 Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) 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 for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services — Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library — Upon annexation, library privileges will be available to anyone residing in the annexed area. Annexation Service Plan Page 3 of 10 66.737 Acres, Moore Tract 9. Planning and Development Services; Building Permits and Inspections - Upon annexation, the City'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. 10, Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles 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 City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- T11e provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI SERVICES TO BE PROVIDED WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services in General — Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's om owo(q-% E i i Annexation Service Plan Page 4 of 10 66.737 Acres, Moore Tract authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract to install water and wastewater lines. The extension of water and sewer services will be provided in accordance with the policies summarized in Section X of this Plan and with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Services in General — Water and wastewater services will be provided in accordance with the Sun City Development Agreement. 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 Impact Fee 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 owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for 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. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS A. 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 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 City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event, op Annexation Service Plan Paae 5 of 10 66.737 Acres, Moore Tract B. In accordance with Section 43.056(e) of the LGC, this Plan 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 Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state 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 in 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 provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. 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 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 wastewater services to the annexed area. In addition, these policies and ordinances are set by Cite Council and can be amended in the future: ogo- Annexation Service Plan Pace 6 of 10 66.737 Acres, Moore Tract 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area. Portions of Chapter 13 of the UDC are summarized below: A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a legal lot. B. For property that is required by the City'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 with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. No connection shall be required for subdivisions located more than 1/2-mile from a main or outfall line. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer Annexation Service Plan Page 7 of 10 66.737 Acres, Moore Tract systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. 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 septic system fails before City wastewater service is extended to the property, then the property owner must either repair the septic system or pay to connect to the City service as it may then exist. 5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. : 6. Section 13.10.010 of the City Code of Ordinances provides as follows: City Code Sec.13.10.010. Policy established. This policy shall apply to improvements to the City's utility systems, which encompass both existing system upgrades and system expansion for treatment plant capacity, utility line networks and appurtenances. It is established as the official policy of the City that all utility system ORD, 00-qto 'z;bd � Annexation Service Plan Paae 8 of 10 66.737 Acres, Moore Tract improvements shall be planned, designed, constructed, operated and maintained such that: A. Upgrades of existing infrastructure and system extensions in close proximity to existing utility networks shall be preferred to excessive line extensions and expansion of the system outside the established and approved utility service area. B. Priority shall be assigned to projects which provide the greatest benefit as measured by the size in acres of the land to be served and the level of capacity to be provided. C. System improvements which promote the retention and/or creation of long-term jobs shall receive greater emphasis over projects which produce only temporary or no lasting employment results. D. Improvement programs which support and complement the City's adopted economic and industrial development objectives shall receive preference. E. Projects which increase property values and retail sales are preferred. F. Project capacity should be able to accommodate projected demand for a ten-year period. G. Improvements that will achieve shorter build -out times and will initially satisfy higher levels of projected ultimate demand capacity are favored. H. Infrastructure programs designed to simplify construction, operation and maintenance are preferred. I. There exists the potential for the City to recapture 100 percent of all nonreimbursed City expenditures. J. Participation by owners of benefiting property is strongly encouraged. K. Incentive for up -front participation: 1. Enter into contract; 2. Guarantee capacity availability for ten years: a. ro Interest free for first three years, Interest at T-Bill rate for remaining seven years, 66.737 Acres, Moore Tract Annexation Service Plan Page 9 of 10 3. If option not exercised in ten-year period, guarantee for capacity expires, 4. Option assignable if all/part of property sold during life of agreement, 5. Prepayment applied to 100 percent of cost of first units used. L. Terms for obtaining capacity: 1. At time of connection, full payment for units of capacity requested computed on design capacity plus carrying costs calculated from date of award of contract for construction of initial project. (This is for nonguaranteed capacity and assumes capacity is available.) At time capacity is desired may obtain guaranteed capacity by paying in the same manner as for a connection but must provide City with one-year notice of intent to connect to system. 2. All payments based upon units of capacity; 3. All necessary easements are donated and only facilitate the ability to connect to system but do not convey any right or privilege to hook on to system (water system will provide fire protection and lower fire insurance rates.) M. Water line improvements shall be designed and constructed to satisfy domestic/industrial demands and fire flow requirements as forecast in the City's Comprehensive Plan. N. System improvements will begin when existing line demand equals 70 percent of design capacity or committed capacity plus existing demand equals 90 percent of design capacity. O. All design and implementation of utility improvements shall be in accordance with the City's adopted Comprehensive Plan. This policy is set by the City Council and can be amended in the future by ordinance. 1 IT Annexation Service Plan Page 10 of 10 66.737 Acres, Moore Tract AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING TITLE 8, HEALTH AND SAFETY, CHAPTER 8.16 NOISE CONTROL, OF THE GEORGETOWN MUNICIPAL CODE; PROHIBITING NOISES DISTURBING TO REASONABLE PERSONS; ESTABLISHING A PERMIT REQUIREMENT FOR CERTAIN NOISES; SETTING PERMISSIBLE DECIBEL LEVELS, ESTABLISHING PENALTIES OF NOT LESS THAN $100.00 NOR MORE THAN $2000 PER VIOLATION, PROVIDING A REPEALING CLAUSE AND SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, it is within the police power of the City of Georgetown, Texas ("the City") to protect the tranquility, quiet enjoyment, and well-being of the community; and WHEREAS, the City Council of the City of Georgetown, Texas ("the City Council") makes the following findings: (1) Inadequately controlled noise and sound vibrations disturb the tranquility, quiet enjoyment, and well-being of the community; harm the health, welfare, and safety of its inhabitants and visitors; interfere with the comfortable enjoyment of life and property; interfere with the well being, tranquility, and privacy of the home; and both cause and aggravate health problems, such as hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity. (2) Both the effective control and the elimination of loud noise are essential to the health and welfare of inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication. (3) Sound emanating from a motor vehicle which can be heard or which creates vibrations at some distance from the motor vehicle is often disturbing to the peace and tranquility of the community. (4) Construction, drilling, excavation and demolition work and the use of equipment for such work at nighttime is disturbing to the peace and tranquility of the community. (5) The use of sound equipment by outdoor music venues or by other persons in a manner which causes the sound to extend beyond the property line of the property on which the sound is produced is often disturbing to the peace and tranquility of the community. (6) Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the City; (7) The regulation of noise is necessary to protect public health and safety; (8) Noise in violation of the regulations in Exhibit "A" hereto creates a nuisance; WHEREAS, the City Council finds it is in the public interest to regulate noise in the City of Georgetown and its extraterritorial jurisdiction to minimize the exposure of citizens to excessive noise and to protect, promote and preserve the public health, comfort, convenience, safety and welfare; and WHEREAS, This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of Georgetown through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Century Plan element 7.0, "Citizens of Georgetown are well protected from crime and disorder, natural disasters and emergencies." The City Council further finds the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: SECTION 2; TITLE 8, HEALTH AND SAFETY, CHAPTER 8.16 NOISE CONTROL of the GEORGETOWN MUNICIPAL CODE is hereby amended to read as shown on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or its attachments 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 5. 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 ten (10) 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 theA day of 006. PASSED AND APPROVED on Second Reading oi ATTEST: L D. Lee, City APPROVED AS TO FORM: Patricia E. Carls, City Attorney THE CITY OF GEORGETOWN By: elon, Mayor EXHIBIT A Chapter 8.16 NOISE CONTROL SECTIONS 8.16-010. General Provisions 8.16-020. Definitions 8.16-030. Restrictions on Decibel Levels 8.16-040 Specific Noises Prohibited Without Permit 8.16-050 Permit Procedure 8.16-060 Appeal of Denial or Revocation of Permit 8.16-070. Disturbance of Reasonable Person of Ordinary Sensibilities Prohibited 8.16-080, Exemptions 8.16-090, Enforcement 8.16-100, Penalties Section 8.16-010. General Provisions. (A) Scope. This Chapter applies to the control of all sound and noise existing within the city limits of the City and/or its extraterritorial jurisdiction. (B) Overview. This Chapter is designed to regulate noise by various alternative means in order to allow the enforcement of noise regulations at tunes when and by persons for whom noise meters are not available. A noise may be in violation of this Chapter because it is disturbing to a reasonable person of ordinary sensibilities pursuant to Section 8.16-070, or because it is prohibited without a permit pursuant to Section 8.16-040, or because it exceeds the decibel level restrictions provided in Section 8.16-030. If a noise violates more than one of these provisions, the violation will be enforced under whichever provision is most applicable to the situation as determined by the enforcement officer of the City. Section 8.16-020. Definitions. A -weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. Chief of Police means the Chief of Police of the City of Georgetown or the Chief s designee. City Manager means the City Manager of the City of Georgetown or the City Manager's designee. Daytime means the times between seven o'clock a.m. and ten o'clock p.m. Decibel (dB) is the unit of measurement for sound pressure level at a specified location. Director means the City of Georgetown's Director of Inspection Services or the Director's designee, a situati to attempt to prevent a traffic accident. Emergency work means any work or action immediately necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights -of -way, or abating life -threatening conditions. Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Motor vehicle means any vehicle that is propelled or drawn on land by an engine or motor. Nighttime means the hours from ten o'clock p.m. through seven o'clock a.m. Noise -sensitive area includes, but is not limited to, a posted area where a school, church, hospital, nursing home, day care facility, court, public library, or similar facility (where persons gather and have a reasonable expectation of quiet, peace or solitude) is located. Outdoor Music Venue means a commercial establishment which allows or uses sound equipment outside.of the enclosed building on the premises producing loud music which can be heard beyond the property line of the premises. Person means any individual, firm, business, entity, association, partnership, joint venture, or corporation. Public right ofway way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public, which is owned or controlled by any government entity. Public space means any real property or structure(s) on real property, owned or controlled by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas. Real property line means either (a) the imaginary line, including its vertical extension, that separates one parcel of real property from another, or (b) the vertical and horizontal boundaries of each unit of a multi -unit building which is under separate ownership or tenancy. Residential area means any real property zoned for residential use in accordance with the City's zoning ordinance, all other real property which has been platted for residential use on which persons reside, and the public rights -of -way abutting any such real property. Sound equipment means a loud speaker, public address system, amplification system, musical instrument, radio, CD player, or other sound producing device. Sound level means the instantaneous sound pressure level measured in decibels obtained by the use of a sound level meter set for A -weighting on slow integration speed, unless otherwise noted. Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pressure m. ®47 xhi j*iw Page 2 of 9 09/01 /06 levels conforming to Type 1 or Type 2 standards as specified in the latest version of the American National Standards Institute specifications for sound level meters (ANSI Standard 51.4-1983). Section 8.16-030. Restrictions on Decibel Levels. (A) Maximum Decibel Levels. No person shall cause, suffer, allow, or permit any of the following acts which are declared to be noise nuisances. If a noise is made on property which falls under more than one of the four categories enumerated in this Section, the lowest maximum decibel level shall apply. (1) The making of noise which exceeds sixty-three (63) decibels during the daytime or fifty-six (56) decibels during the nighttime in residential areas and all abutting public rights -of -way; (2) The making of noise which exceeds seventy (70) decibels during the daytime or sixty-three (63) decibels during the nighttime on commercial or other business zoned property as defined by the Zoning Ordinance of the City of Georgetown, Texas; (3) The making of noise which exceeds seventy-two (72) decibels during the daytime or sixty-five (65) decibels during the nighttime on industrial zoned property as defined by the Zoning Ordinance of the City of Georgetown, Texas; or (4) The making of noise which exceeds seventy-two (72) decibels during the daytime or sixty-five (65) decibels during the nighttime on any property which does not fit into any of the categories described in the foregoing subsections 1, 2 and 3 of this Section. (B) Method of Noise Measurement. Whenever portions of this chapter prohibit noise over a certain decibel limit, measurement of said noise should be made with a sound level meter meeting the standards prescribed by the American Standards Association and using the A -weighted scale. The measuring instruments shall be maintained in calibration and good working order. Calibration corrections shall be employed in meeting the response specifications prior to every noise sampling event. Prior to taking a measurement of the noise in question, the environment shall be observed to determine whether background noise is so close to the level of the sound being measured that a proper measurement is not possible. Measurements recorded shall be taken so as to provide a proper representation of the noise being measured. The microphone shall be screened from wind and water and otherwise used in accordance with the manufacturer's specifications. Measurements of noise emanating from private property shall be taken from a point beyond the real property line of the property from which the noise is being generated. Measurements of noise being generated on public right of way or a public space shall be taken from a distance greater than or equal to three hundred (300) feet from the source of the noise. Section 8.16-040. Certain Construction Noises Prohibited Without Permit. No person shall cause, suffer, allow or permit during nighttime and/or on Christmas, New Year's Day or Thanksgiving, the creation of noise in connection with construction, drilling, earthmoving, excavation, demolition, alteration or repair work or the operation of any tools or equipment used for any such work, including the operation of a machine that separates, gathers, o► "s , ., qF.,,,thjb14c Page 3 of 9 09f 0 grades, loads, or unloads sand, rock, concrete or gravel without first obtaining a permit from the Director pursuant to Section 8.16-050 below. Such noise is declared to be a nuisance and does not have to exceed the specifications for sound levels contained in this Chapter or disturb a particular person in order to constitute a violation of this Section. The requirements of this Chapter are independent of and in addition to any other permits, certificates of occupancy, zoning or platting requirements or other requirements of the law and the fact that a person or an entity has acquired any other such authorization from the City shall not exempt them from the requirements of this Chapter. Section 8.16-050. Temporary Permit Procedure. (A) Eligibility to Apply for Temporary Permits. The following persons or entities may apply for a temporary permit to create or allow noise which would otherwise be prohibited by this Chapter: (1} A person or entity seeking a permit for the noise generating construction activities prohibited without such permit in Section 8.16-040 above; (2) A person or entity which has applied for a special event permit from the City and seeks to be allowed to use sound equipment creating noise which exceeds the decibel levels permitted by this Chapter during the special event; and (3) An Outdoor Music Venue located in a non-residential zoning district which seeks to use sound equipment outdoors creating noise which exceeds the decibel levels permitted by this Chapter for temporary events. (B) Application. A person seeking a permit under this Section shall complete and file a written application for a permit with the Director on the form provided by the Director and pay a fee of $50.00 to cover expenses of processing the application, or such amended amount as may be established by ordinance. Such application shall be submitted at least twenty (20) business days prior to the date on which the noise will commence. An application for permit shall include: (1) the name, address, and telephone number of the applicant. If the applicant is a business, the application shall be filled out by the owner or duly authorized agent of the business and shall list the name, address, and telephone number of the business, the responsible owner of the business, and the operator of the business, if different; (2) the nature and location of the noise source for which the application is made; (3) the time during which the noise will be generated and the level of noise that will occur; (4) a signed statement that the applicant has obtained a copy of this Chapter and related rules and agrees to comply with this Chapter, the related rules provided, and the terms and conditions of a permit issued to the applicant; (5) the reason for which the permit is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit is not granted; and •' et, Page 4 of 9 1' 1 i. (6) a description of noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom and the schedule under which said measures will be implemented. (C) Restrictions on Issuance of permit. No pen -nit shall be approved unless the Director is satisfied based upon the application and other proof provided by the applicant that: (1) noise levels occurring during the period of the variance will not constitute a danger to public health; (2) compliance with this Chapter would impose an unreasonable hardship on the applicant or the public without greater benefits to the public; and (3) the applicant has fully complied with the application procedures. (D) Considerations in Determining Whether to Grant Permit. In making the determination of whether to grant a permit, the Director shall consider: (1) the character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused; (2) the value to the community of the activity for which the variance is sought; (3) the ability of the applicant to apply the best practical noise control measures; and (4) proximity to residences at which reasonable persons would be disturbed by the noise. (E) Other Restrictions. (1) The Director shall consider each application on the same basis as that used for other similarly situated applicants and shall make each variance decision free from consideration of race, sex, national origin, religion, the content of speech, or any other factors not provided for in this Chapter; and (2) No permit shall be issued for the operation of sound equipment at nighttime from a motor vehicle or for a location within one hundred (100) feet of a residential or noise - sensitive area. (3) No permit shall be issued if the applicant has been convicted of more than two violations of a regulation under this Chapter or there have been more than two convictions for violations of this Chapter at the location for which the permit is sought in the six months prior to the date on which the application is submitted. (F) Issuance or Denial of Permit. (1) The Director shall grant or deny the permit within ten (10) business days of receiving the properly completed application. An application for the same applicant or location ;, e Page 1' 1 1. may not be submitted for a period of thirty (30) days following the denial of an application. (2) If the Director determines a permit should be issued pursuant to the criteria established in this Section, a permit shall be issued which states the type of sound permitted, the location at which the sound will be permitted, the maximum decibel level to be allowed, the times at which the sound will be allowed to be produced, and the expiration date of the permit. (3) The decibel limits on a permit issued pursuant to this Section shall be set at ten (10) decibels over the limits which would otherwise apply pursuant to Section 8.16-030 of this Chapter unless the Director determines a different limit is required under the circumstances. (G) Time and Frequency Limits on Permit. (1) For an outdoor music establishment which uses sound equipment in a manner which produces sound audible beyond the real property line of the property on which the equipment is operated, a permit shall not exceed one year in duration. A new permit application shall be required for a new permit to be issued for any subsequent year. Any such permit shall terminate upon change in the owner or operator of the establishment listed on the application and a new permit application by the new owner will be required to obtain a new permit. (2) A permit for construction noise shall be issued for the expected duration of the noise for which the permit is issued. (3) In all other cases, a permit shall be issued for a maximum period of twenty-four (24) hours and no such permit shall be issued for the same location within thirty (30) days of the date of expiration of the previous permit. (H) , Revocation of Permit. The permit may be revoked by the Director if the terms of the permit are violated; if it is learned that there were material misrepresentations made in the permit application; or if there is a material change in any of the circumstances relied upon by the Director in granting the permit. Section 8.16-060. Appeal of Denial or Revocation of Permit . (A) If the Director denies or revokes a permit under this Chapter, an applicant may appeal the Director's decision to the City Manager by filing a written statement of the decision being appealed and the grounds for the appeal with the City Manager no later than the tenth (10"') business day after the date on which notice of the decision is delivered to the applicant or permit holder or placed in the U.S. mail in a stamped envelope addressed to their last known address. The applicant or permit holder is responsible for making the appeal by a date which will allow time for the decision on the appeal to be made prior to the date on which the noise will commence. ,I M +r ► Page 6 of . *9/01/0 (B) No later than the tenth (loth) day after receiving a request for an appeal, the City Manager shall consider the appeal and make a decision. (C) The City Manager may sustain, reverse, or modify the action appealed. The City Manager's decision shall be based upon the criteria set forth in Section 8.16-050 and is final. Section 8.16-070. Disturbance of Reasonable Person of Ordinary Sensibilities Prohibited. (A) Prohibited Noises. In addition to the other noise restrictions provided in this Chapter, no person shall make, cause, suffer, allow, or permit unreasonably loud noises in such a manner, or with such volume, intensity, or duration, so as to disturb a reasonable person of ordinary sensibilities. A noise for which the producer of the noise has a current and valid permit issued pursuant to Section 8.16.050 of this Chapter or which otherwise does not exceed the decibel level restrictions in this Chapter shall be exempt from the provisions of this Section. However, a decibel level measurement shall not be required for the enforcement of this Section. (B) Included Noises. This Section is intended to apply to, but is not limited to, unreasonable noises in the form of. barking dogs; car alarms, vehicle exhaust, engine braking systems, radios, boom boxes, musical instruments, and other devices which reproduce or amplify sound; the cries of peddlers, hawkers and vendors; any noise during nighttime in a residential or noise -sensitive area which can be heard beyond the real property line of the premises from which the noise is originating; and noise from the shooting of a gun or fireworks, including such noise created at Sports Shooting Ranges as defined in Section 250.001 of the Texas Local Government Code, where said noise is audible in residential or noise -sensitive areas. (C) Noise Producing Vibrations from Vehicles. No person shall cause, suffer, allow or permit operation of a radio, tape or CD player, or other electronic or mechanical sound -making device from a motor vehicle in a manner which emits sound audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing, at a distance of thirty (30) or more feet from the motor vehicle or which causes a person at that distance to be aware of a vibration accompanying the sound. It shall be presumed that the driver of any such vehicle is the operator of the sound -making device(s). Section 8.16-080. Exemptions. The following acts and sounds shall be exempt from the requirements of this Chapter. (1) The generation of sound for the purpose of alerting persons to the existence of imminent danger or an actual emergency; (2) The generation of sound in the performance of emergency work; (3) Sirens, whistles, or bells, lawfully used by emergency vehicles, or any alarm systems used by government entities in case of fire, collision, civil defense, police activity, or imminent danger. OA04 0100(0�q7 Page 7 of 9 9/ 0 (4) Engine braking systems for emergency response vehicles and when used by commercial vehicles in an emergency situation; (5) Repairs or excavations of bridges, streets or highways by the City, the State, or the federal government during the nighttime when public welfare and convenience renders it impractical to perform the work during daylight hours; (6) Athletic Events. Athletic events in a stadium, ball park, or on public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic events; (7) Law enforcement motor vehicles equipped with any communication device necessary in the performance of law enforcement duties or emergency vehicles equipped with any communication device necessary in the performance of any emergency procedures; (8) Noise made by a horn or other warning device required by state law; (9) Sound produced by permitted parades and events sponsored and held by the City on public property for the general public, and pyrotechnic displays approved by the City Fire Prevention Inspector; (10) An employee of a governmental entity engaged in the employee's official duty; or (11) A person operating a bell for a religious activity. Section 8.16-090. Enforcement. (A) The Chief of Police will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this Ordinance shall prevent the Chief of Police from having the authority to obtain voluntary compliance by way of warning, notice or education. (B) If a person's conduct would otherwise violate this Ordinance and consists of speech or communication delivered to others who have gathered to hear or observe speech or communication; or to others who have gathered to picket or otherwise express in a non-violent manner a position on social, economic, political or religious questions; the person who is in violation of this Ordinance shall be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation, prior to arrest or a citation being issued. (C) Violation of any provision of this Chapter shall be cause for a citation to be issued by the Chief of Police. In the event the noise violating this Chapter is not stopped following issuance of a citation, the Chief of Police may issue an administrative stop order to any person having possession or control over noise generating property to immediately halt the making of any sound which exceeds the decibel levels prescribed in Section 8.16-070 of this Chapter. (D) In the event a noise violation continues after the delivery of an administrative stop order, the Chief of Police may apply to any magistrate for an administrative search warrant for the purpose of ORD. . Page . of ' 1• ! i• entering private property to investigate and identify noise nuisance producing devices which are violating this Chapter and their owners, and to temporarily seize the devices in the event the owner of the offending noise producing device has been convicted of a violation of this Chapter in the previous year. Any noise producing devices seized under this Section shall be returned to any person requesting their return and presenting proof of ownership following twenty-four hours after the seizure of the devices. Any disputed ownership of the seized property shall be resolved at a hearing before a magistrate of the City. Nothing herein shall prevent the City from exercising any other rights or remedies available under this Chapter or by other laws. Section 8.16400. Penalties. (A) A person commits an offense if the person makes noise in violation of a provision of this Chapter. (B) An offense under this Chapter is a Class C misdemeanor, punishable by a fine of not less than $100.00 nor more than $2,000.00, or, if the person has previously been convicted of a violation under this Chapter, by a fine of not less than $200.00 nor more than $2,000.00, as is consistent with the portion of Section 1.08 of this Code governing penalties for health and safety violations. (C) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately. (D) A violation of this Chapter is a nuisance. The prosecution of an offense under this Chapter does not limit the City's right to abate the nuisance, including the use of injunctive or other civil relief. (E) No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this Chapter or from other law. t ► )O ; Page 9 of 9 0• r 0 Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the Apri14, 2002 in accordance with the Unified Development Code passed and adopted on March 11, 2003, to change 32.968 acres, out of the Frederick Foy Survey, abstract 229, located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive, to be known as Sun City Georgetown, Neighborhood Fifty -Three, as recorded in document numbers 9622645, 2004075169, and 9701973 of the official records of Williamson County, Texas from Ag, Agriculture to Planned Unit Development (PUD); repealing conflicting ordinances and resolutions; including a severability clause; andestablishing an effective date. Whereas, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property"): 32.968 acres, out of the Frederick Foy Survey, abstract 229, located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive, to be known as Sun City Georgetown, Neighborhood Fifty - Three, as recorded in document numbers 9622645, 2004075169, and 9701973 of the official records of Williamson County, hereinafter referred to as "the property'; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a publt hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held onSeptember 5, 2006 recommended changing said zoning district classification of theabove described property from Ag, Agriculture district classification to Planned Unit Development (PUD),in accordance with attached Exhibit A, Whereas, in compliance with Section 4.04.030(A)(2) of the Unified Development Code a Development Plan was submitted in conjunction with the requested establishment of. the Planned Unit Development district, Whereas, the City Planning and Zoning Commission in a meeting held onSeptember 5, 2006 recommended adoption of the Development Plan for the Planned Unit Development, attached hereto as Exhibit B, that: Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas 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 objective of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.3: Ensure that new development will be compatible with existing land uses in terms of use, density, building heights, scale and offsite effects. Objective 1.5: Require zoning change requests to be consistent wit the Future Land Use Plan, Section 2. The City Council hereby finds that the proposed Planned Unit Development and Development Plan satisfy the approval criteria of Section 3.06.030 and Section 3.06.404 of the Unified Development Code, as follows: Section 3.06.030 Approval Criteria (Rezoning) A. The application materials submitted provide complete, sufficient and correct information necessary to render adequate review and final action; The proposed PUD district is consistent with the Comprehensive Plan land use designation of "Residential' and implements the Goals / Policies of the future Land Use Plan as referenced in Section 1of the Ordinance; B. The proposed PUD district promotes the health, safety, or general welfare of the City and the safe, orderly and healthful development of the City by allowing development consistent with the General Plan land use designation; C. The proposed PUD district is compatible with the zoning and use of surrounding ORVo 2 Mo "11 Sun City 53 PUD Page 2 of 4 properties and with the character of the surrounding area; D. The site is suitable for the range of uses proposed with the PUD district. Section 3,06.040 Approval Criteria (Planned Unit Development) 1. The proposed PUD achieves a orderly and creative arrangement of the land uses proposed within the development and in their relationship to the larger community; 2. The proposed PUD establishes a planned and integrated transportation system which takes into consideration vehicular and pedestrian circulation; 3. The proposed PUD will accommodate approximately 16.0 acres of open space area; 4. The provision of public utilities and services will be accommodated in a timely manner as established by the PUD Development Plan and the Development Agreement between the City and Developer, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 3. The Zoning District Map of the City, as wel as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture district classification to Planned Unit Development (PUDl in accordance with Exhibit A attached hereto and incorporated by reference herein is hereby adopted by the City Council of the City of Georgetown, Texas. Section 4. The Development Plan accompanying the Planned Unit Development, attached hereto as Exhibit B, is hereby adopted by the City Council of the City of Georgetown, Texas, Section 5. 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 6. 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 arehereby declared to be severable. Section 7. 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 on the date that the Eighth Amendment to the Development Agreement, and the Eighth Amended Concept Plan, between Del E. Webb Development Company, L.P. and the City of Georgetown, concerning the Development of Sun City Texas is fully executed by both parties. VX00 400&41? Sun City 53 PUD Page 3 of 4 Passed and Approved on First Reading on September 26, 2006. Passed and Approved on Second Reading on October 10, 2006. Attest: l Sandra D. Lee City Secretary Approved as to Form: I E. Carls City Attorney Sun City 53 PUD Page 4 of 4 The City of Georgetown By: Mayor Nelon -77 Site W VIWRQi Parcel Boundaries V ire =imi' Le . ao(*-Qq cVUIDI r n Sun CrEy e, { unly on t t Sun City Neighborhood Fifty -Three Planned Unit Development Development Plan A. Property This Development Plan covers approximately 33 acres of land located within the city limits of Georgetown, Texas, described as 32.968 acres out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Fifty -Three The legal description and field notes of the site are attached as Exhibit C. Be Purpose In accordance with Unified Development Code Section 4.04.030 (5) 'Development Plan", the following is a summary of the design standards for the development of Neighborhood Fifty -Three of Sun City Texas. The standards are consistent with those outlined in Exhibit G of the Sun City Texas Planned Unit Development Standards of the Sun City Texas Development Agreement Exhibit B and incorporated herein). Co Development Plan 1. Miscellaneous - Amendment No. 8 (attached hereto as a. A Public Review Final Plat for Neighborhood Fifty -Three has been submitted to the City of Georgetown on behalf of Del Webb Texas Limited Partnership. A copy of this plat is attached hereto as Exhibit A and incorporated herein. b. The platted area is intended to be developed as a residential neighborhood designed as detached single family lot development. c. All 92 lots within Neighborhood Fifty -Three shall be developed as detached single family residential lots consistent with the development standards contained herein. Sun City Georgetown - • r• •r• 53 i Standards October 10, 2006 I MY411'all C i. Neighborhood Fifty -Three shall be developed with 92 detached single-family residential units classified as standard lot development. d. The plat depicts the 100-year flood plain and existing topography. e. The neighborhood shall be developed in accordance with the City Council approved Development Agreement for Del Webb / Sun City, 2. Proposed Acreage and Usage a. The neighborhood size is 32.968 acres b. The number of units within the neighborhood is 92. c. The density of the neighborhood is 2.79 units per acre. 3. Lot Configuration and Setbacks a. The plat (Exhibit A) illustrates the street and lot configuration, building setbacks as well as the density for the neighborhood. The neighborhood is designed with the building setbacks outlined within the development agreement as follows: Neighborhood Fifty -Three i. Front 20 feet ii. Rear 20 feet iii. Corner Side 20 feet iv. Side 5 feet v. Interior Side 5 feet b. The neighborhood has been designed as standard lot development. C. Exhibit G of the approved Development Agreement outlines lot size, impervious cover and building coverage requirements for the standard single family product. These standards are carried forward as follows: i. The minimum lot size allowed shall be 6,000 square feet. In accordance with the approved Development Agreement, R Z Ii.r Ar x:, tlie Sun City Georgetown Neighborhoo 5:? 2 PUD Standards October2006 EXHIBIT B ii. Impervious cover shall be 65% for standard lots. Maximum impervious coverage for the overall development shall be 40%. iii. Building coverage shall be 40% for standard lots. Maximum building coverage for the overall development shall be 30%. iv. Impervious cover and building coverage calculations are prepared for each platted area, as well as the overall development platted to date. The table will be updated and provided to the City staff. 4. Circulation Street cross -sections are in compliance with those outlined within Exhibit G of the Development Agreement. 5. Parkland / Open Space In accordance with Development Agreement - Amendment No. 8, public parks are not required within the neighborhood, but parkland fees will be required at the time of platting. 6. Public Facilities There are no public facilities, i.e., schools or fire station within the neighborhood boundary. Sun City Georgetown NeighborhooJ 539e PUD Standards October2006 r r s List of Exhibits Exhibit "A" Public Review Final Plat of Sun City Georgetown, Neighborhood 53 Exhibit "B" Exhibit G of the Sun City Texas Development Agreement Exhibit "C" Field notes for Neighborhood 53 O . A p � - hi Sun City Georgetown Neighborhood 53 PUD Standards October 10, 2006 Ma M L-AFIIDI I 1 \ t} rTj t' \ 1`� rt - v \ n ^t �kVe \ � tiZWe y / fo ZS 10 a ^ \ d% y / rO�J jLMyj�yjj m / P � rM n y�V}( E64 n C e 65 � wo VNONS v C� o m ONO wo N O N U 2 O u� kp°3 LZ ti\o ono .3c k O k ti 6,y '�N QNR ti�.�23 \ 4 vooq E^CUk t � h 2 y � y �/j �j♦# j1 A /j��py t / EXHIBIT B Exhibit G t Sun City Georgetown Planned Unit Development Varied Standards for Subdivision Regulations and Unified Development Code 1. The standards and criteria set forth in this Exhibit G, including the additional standards in Exhibit G-1 and the roadway and utility specification in Exhibits G-2, G-3, G-4, G-5 and G-8, will be applicable to the development of the Project. 2. All streets within the Project are classified as "minor". Typical cross -sections and utility assignments for a minor arterial, a neighborhood collector, a residential collector and a local street are attached as Exhibits G-2, G-3, G-4 and G-5, respectively. Standard utility assignments for local streets are shown in the attached Exhibit G-8. 3. Del Webb is authorized to create non-standard private lots within the median of a public street to place manned entry houses or similar entry features near the entries to the Project on F.M. 2338 and on Highway 195. These entry features will eventually be located on non- standard private lots surrounded by public right-of-way, and will meet the requirements of Section 24032-D of the Subdivision Regulations. The private lots need not satisfy subdivision criteria for lot size and setbacks. The street designated as Texas Drive on the preliminary plat for Phase 1 of the Project will be allowed an alternative roadway section design that will be considered during the construction plan review, and will be considered during the construction plan review, and will be subject to the approval of the Director of Community Owned Utilities. 4. The Project will include an extensive network of walking trails, bike trails and/or sidewalks. 5. The City approves the use of 6-inch diameter fire leads in dead-end conditions of less than 600 feet in length (such as cul-de-sacs). A maximum of one fire hydrant may be located on a 6-inch diameter dead-end line. 6. Water lines in dead-end conditions may be smaller than 6 inches in diameter when not required for fire protection, and in no case shall they be less than 4 inches in diameter, unless approved by the City. Fire hydrants shall not be installed on lines that are smaller than 6 inches in diameter. 7. Del Webb is authorized to create non-standard lots within the Project for open space, golf course, buffer zones, karst features, and preserve areas. Del Webb will restrict these non- standard lots from any building construction. Del Webb or its successors or assigns is responsible for maintaining these non-standard lots. These non-standard lots may be final platted prior to the final platting of the adjoining streets shown on a preliminary plat. 8. The City approves block lengths that exceed the criteria for block lengths when the block includes creeks, natural drainageways, buffer zones, open spaces, and golf courses. City of Georgetown - Revised by City Council March 28. 2006 Page 1 of 9 9. 1he City approves Del Webb's plans to preserve existing trees and vegetation within medians and public right-of-ways, and to supplement existing plant life with the planting of additional trees and vegetation in medians and public right-of-ways. Del Webb or its successors or assigns is responsible for landscape maintenance in medians and public right- of-ways within the Project. 10. Detailed landscape and irrigation plans for certain non-residential areas shall be required prior to detailed development plan approval and are not required prior to preliminary plat approval. 11. Detailed development plans are not required for single-family residences within the Project. 12. The City may review and approve Del. Webb's detailed development plans and building permits for construction yards and construction staging areas, which are considered specially permitted uses within the R-P District of the Project, provided that Del Webb shall maintain ownership of these areas until access to these areas is provided through dedicated public right-of-way and all applicable Development Regulations have been satisfied. In lieu of meeting the landscape requirements of the Development Regulations for temporary construction yards and construction staging areas, Del Webb shall provide adequate buffering, taking into account existing vegetation and distance to residential areas from adjacent land uses, as approved by the Director of Development Services. Del Webb shall secure detailed development plans and building permits as necessary for development of the construction yards and construction staging areas. Del Webb agrees that any construction yards and construction staging areas within the Project shall not remain more than two years beyond the term of this Agreement. 13. The City approves the use of flag lots within the Project. Flag lots may utilize a 10-foot wide access or a shared 20-foot wide accessway between two lots. 14. Swimming pools constructed on residential lots shall be allowed within the required rear yard setback areas so long as they are located at least three (3) feet from the property line; no privacy fence shall be required, provided that fencing (which may be wrought iron or similar type fencing) shall be required to satisfy other city requirements regarding safety. (Added by First Amendment to Development Agreement, 1-14-96, Doc. No. 9606700). City of Georgetown - Revised by City Council March 28, 2006 Page 2 of 9 Applicable Regulations Cft Del Webb Subdivision 24060 Expires in 12 months Preliminary Plat Approval No expiration dates so long as .Regulations 3.08.050-J Expires in 18 months Development Agreement in UDC Preliminary Plat Approval unless phased and each effect additional phase is 12 months Subdivision 33030 (Table 33030-A) Design Median not addressed Regulations Standards for Streets for minor arterials Allow median Median not addressed UDC 12.03.020 for major collectors or lower streets Subdivision 33030-1 Regulations Arterial Street Center Line Curve 2000 min. 1200 min. with 45 m.p.h. Radius design speed * Sharper curve radii are Curves in arterial streets 12.03.020-132 shall be designed in approved for the F.M. 2338 UDC Arterial Streets accordance with the entry feature area design speed standards in AASHTO Manual Subdivision 33030-J Regulations Collector Street Center Line 600 min. Curve Radius 300' min with appropriate Curves in collector streets shall be designed speed limit designation UDC 12.03.020-133 in accordance with the Collector Street Curves design speed standards in AASHTO Manual Subdivision 33030-K 250' min. radius, except Regulations Local Street Curves for loop or partial loop streets For loop, partial loop cul-de- sac streets, minimum radius Curves in local streets shall be designed in to accommodate 30 m.p.h. UDC 12.03.020-134 accordance with the design speed Local Street Curves design speed standards in AASHTO Manual City of Georgetown - Revised by City Council March 28, 2006 Page 3 of 9 Applicable Regulations city Del Webb Subdivision 33030-N Regulations Dead -End Streets Cul-de-sac 500' maximum length Length Prohibited except to permit extension of the street. Temporary turn - UDC 12.03.050-05 arounds shall be Dead -End Streets required where stub exceed one lot or 100 Request for 800' to be feet in length and signs shall be provided. reviewed for adequate fire flows and lot size No more than 200 ADT for any street longer than 200 feet UDC 12.03.020-B7 Turn-arounds shall have Cul-de-sac Length a minimum paved radius of 50 feet for single- family and two-family and use 60' for other uses Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 Requires interconnected 3. Sun City Blvd at Ronald street system to provide Reagan Blvd. for adequate access for 4. The local street designated 12.03.030 as West Majestic Oak UDC Local Street Connectivity emergency and service Lane in preliminary plat of Requirements vehicles; enhance vehicles; es Woodland Park West w by ensuring subdivision will be connected transportation connected to a local street routes within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. All collector -designated Collector streets may 12.03.040 streets shall connect on terminate into local streets. UDC Collector Street Connectivity both ends to an existing Capacity requirements for Requirements or planned collector or collectors are met. higher -level street. City of Georgetown - Revised by City Council March 28, 2006 Page 4 of 9 Applicable Regulations Qty Del Webb UDC Table 12.03.030 Requires a connectivity Waived in its entirety. Street Connectivity Computation ratio of 1.20 Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Reagan Blvd. Subdivisions of 300 lots 4. The local street 12.03.050-B3 or greater shall be designated as West required to provide four Majestic Oak Lane in UDC Required Subdivision Access or more access points to preliminary plat of Points the existing or proposed Woodland Park West public roadway system subdivision will be connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Reagan Blvd. Provide connectivity to 4. The local street other neighborhoods designated as West 12.03.050-C existing streets in Majestic Oak Lane in UDC Relation to Adjoining Street adjacent or adjoining preliminary plat of Systems areas shall be continued Woodland Park West in the new development subdivision will be in alignment therewith connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. A 5' landscape 12.03.020 easement will be Will provide open space lots UDC Landscape Easement Table and required along all Rights preserving trees. Diagram of Way ROW Street trees will be 8.03 located in the landscape Will provide open space lots UDC Street Trees easement planted at one preserving trees. tree for every 50 feet City of Georgetown - Revised by City Council March 28, 2006 Page 5 of 9 Applicable Regulations CV Del Webb Subdivision 34020 E 10' P.U.E. for all lots 10' P.U.E. not required on Regulations Easements adjacent to public Rights minor arterial and of Way (ROW). neighborhood collector due to extra R.O.W. provided. 13.04.060 10' PUE required along Additional easements for UDC Easements all Rights of Way (ROW) electric service will be provided. Parkland is required at a Pay 1/2 of the required fees at 13.02 ratio of one acre for the time of platting and get UDC Open Space every 50 lots, fees are credit for open space, trails, currently 250 per unit and golf course for the other half of required parkland Subdivision 33030-N 200 Average Daily Trips Regulations Average Daily Trips on Cul-de- (ADT) sac No maximum UDC 12.03.020137b 200 Average Daily Trips Permitted Cul-de-sacs (ADT) Subdivision 33030-U (Table 33030-C) Street Along arterials and Regulations Lighting Standards 320 foot spacing neighborhood collectors, placed at 320' intervals. In addition, street lights at intersections and at end of Required at all cul-de-sacs over 500' in UDC 13.07.020 intersections and at 300 length. Street Lighting Standards foot intervals Additional requested street lighting may be installed in the future at no expense to the City. Subdivision 33030-X Both sides of Arterials; Regulations Pedestrian Circulation/Sidewalks one -side of collectors Sidewalks on both sides or 8' wide sidewalks on one side for arterials and neighborhood collectors. No sidewalks required for residential Both sides of all streets, collectors or local streets. A 12.02.020 as needed to provide sidewalk along F.M. 2338 may UDC Sidewalk General Requirements access to commercial, be deferred until F.M. 2338 is employment areas, parks, widened at entry area or for greenways or streets ten (10) years from the date of approval of this Agreement by the City, whichever first occurs. Subdivision 33043 Regulations Spacing Between Driveways for 125 min on collectors Residential No limit on residential collectors 12.03.010-D5 125' min on residential Spacing Between Driveways for collectors Residential Alt d5 City of Georgetown - Revised by City Council March 28, 2006 Page 6 of 9 Amicable Regulations Ci ' Del Webb Subdivision 33043 300' min on minor Regulations Spacing Between Driveways for arterials Non-residential 120' on minor arterials at golf course clubhouses 12.03.020 Driveway separation UDC Spacing Between Driveways on based on posted speed o Non-residential roadway 33044 Subdivision Spacing Between Driveways and 60' min. on local streets Regulations Intersections for Residential 50' min. on local streets on Streets same side as corner 12.03.010-C Separation from the UDC Spacing Between Driveways and corner no less than 50 Intersections for Local Streets feet Subdivision 33044 Regulations Spacing Between Driveways and 75' min. on collectors 50' min. on residential Intersections collectors on same side as 12.03.010-D Separation from the UDC Spacing Between Driveways and corner no less than 125 corner Intersections for Collector Streets feet Subdivision 33051-A Off-street parking spaces At Phase 1 clubhouses and Regulations General Design Standards/Off- located behind front sales pavilion, the City staff will Street Parking building work with Del Webb to achieve an optimum balance between Off-street parking spaces for non-residential uses the 25' front building line 6,03,040 are not allowed in the setback requirement and the UDC Non Residential Lot Dimensions front setback only the side Preservation of tree and karst and rear of contiguous features. uses Subdivision 33056 Basic Off -Street Loading 1 space/buildings 5,000- Regulations Regulations 19,000sq. ft. 1 space minimum/buildings over 5,000 sq.ft. with full food As needed and will be the UDC 9.05-C minimum size of 12 feet and beverage service. Off -Street Loading by 54 feet For parking pattern of 540-740, 22' two-way lane For parking patter on 540-740 width; 9' (8.5') parking 24 two-way lane width; Subdivision 33057 (Table 33057) . space width; 21' (165'} Parking space length average 9.5' parking space Regulations Parking Facilities Design width; 20' parking space For parking patterns of length 540-90°, landscaped islands not addressed For parking patterns of 540- All spaces shall be 9 feet 90° parking spaces adjacent 9.03.020 by 18 feet and drive aisles to landscaped islands may be UDC Parking Space and Parking Lot must be 26 feet one way 18' long Design drive aisle widths vary on degree of parking City of Georgetown - Revised by City Council March 28, 2006 Page 7 of 9 Applicable Regulations city Del Webb Subdivision 34010-C 1300' 600' min. to be considered on Regulations Block Length alongarterial min. plat submittal Subdivision 34020-B Depth/width ratio No lot depth/width ratio Regulations Lot Dimensions between 2.5 and 1.5 Lots facing each other Subdivision 34020-C increase width for lots No restriction on orientation Regulations Lot Orientation when side abuts rear yard Subdivision 34020-C Not permitted adjacent Regulations Double Frontage Lots to collector permit adjacent to collector May not have frontage on two non -intersecting streets (no access to UDC 6.04.010-C local or collector streets, collectors from such lots) Double Frontage Lots unless access is taken from the street of the lower classification Subdivision Table 34020 6,000 sq. ft. min. 4,620 sq. ft. for zero lotline Regulations Lot Sizes lots, no more that 300 lots to be developed (12.0% of Table 6.02.030 remaining lots), 5,000 sq. ft. UDC Housing Type Dimensional 5,500 sq. ft. minimum for cluster lots, no more than Standards 525 lots to be developed 21.0% of remaining lots). Subdivision 34020-E 40% max. for each lot Regulations Impervious cover 75% for cluster lots; 75% for zero lotline lots*; 65% for 50% maximum up to 11.02.010 65% if impervious single family lots. (40% max. UDC Impervious Cover Limitations coverage waivers are impervious cover in overall met. This is calculated development) on a Gross Site Area 50% for cluster lots; 70% for Subdivision 34020-E Building Coverage zero lotline lots*; 40% for Regulations (maximum) o 30 /o o single family lots. (3010 max. building coverage in overall development) Sun City proposed Lot Development Sun City Sun City Sun City Sub Regs UDC Cluster" Zero Lotline** Standard a - Front 25' 20' 10' 10' 20' Rear 20' 10' 5' 5' 20' Corner Side 25' 10' 10' 01/10' *** 20'**** Side 5/10' 6' 5' 01/10' 5' Interior Side 5/10' 6' 5' 01/10' S' # i &,fie 13 07r City of Georgetown - Revised by City Council March 28, 2006 Page 8 of 9 'Cluster homes (lots) are detached, single-family product aimed at a market segment seeking a smaller lot with less yard maintenance, but not necessarily at the sacrifice of a larger home. The setbacks for the Cluster Lots have been established to create a pedestrian scaled street scene and more clustered relationship between adjoining homes. Surrounding openspace will offset the increased impervious and building coverage for individual lots. (Revised by Eighth Amendment to Development Agreement, . Doc. No. ) *Zero Lotline homes (lots) are detached, single-family product aimed at a market segment seeking a smaller lot not at the sacrifice of a larger home. The homes will be oriented towards the side yard area, create unique outdoor living areas. Surrounding open space will offset the increased impervious and building coverage for individual lots. (Added by Eighth Amendment to Development Agreement, , Doc. No. ) **Neighborhoods 1 through 10 and Neighborhood 12A. For all residential properties within Neighborhoods 1 through 10 and Neighborhood 12A of Sun City Georgetown, as reflected in the final plats of such neighborhoods recorded in the Official Records of Williamson County, setback distances are to be measured to the outside face of the studs of the framed walls and any structural component, i.e. planter boxes that are constructed from the foundation up or along the face of the exterior wall surface into required front yards. **All Neighborhoods Finally Platted Subsequent to Neighborhood 12A. For residential properties within all other neighborhoods to be platted other than neighborhoods 1 through 10 and Neighborhood 12A, setback distances are to be measured in accordance with the City of Georgetown development standards in effect as of July 7, 1997, i.e. measured to the exterior face of the completed, finished wall to include stucco, brick, rock, man-made rock, wood siding and any structural component that is to be constructed from the foundation up or along the exterior wall surface. The roof overhang shall not extend more than twelve inches (12") into a required yard and ornamental features, i.e. planter boxes may be allowed up to twelve inches (12.") into a required front yard as long as they are attached to the exterior wall and not an integral part of the wall starting with construction from the foundation. This measurement of setback distances should maintain consistency with the Zoning Ordinance of the City of Georgetown. (Added by Second Amendment to Development Agreement, 9123197, Doc. No. 9743888.) Air conditioning units are permitted within side lot setbacks. ***10' on street side to provide P.U.E. standards set above. (Added by Eighth Amendment to Development Agreement, , Doc. No. ) ****Note: On back-to-back corner lots only, 15' setback is allowed on secondary front setbacks. Driveways on back-to-back comer lots must take access from the 20' front yard. aw City of Georgetown - Revised by City Council March 28, 2006 Page 9 of 9 i1bi I NEIGHBORHOOD FIFTY—THREE CONTAINING 32,968 ACRES (1,436,089 SQUARE FEET) FREDRICK FOY SURVEY, ABSTRACT NO, 229 WILLIAMSON COUNTY, TEXAS BEING 32.968 ACRES OF LAND SITUATED IN THE FREDRICK FOY SURVEY, ABSTRACT NO, 229, WILLIAMSON COUNTY, TEXAS AND OUT OF A CALLED 300.678 ACRES; A CALLED 94.449 ACRES; AND A CALLED 104.069 ACRES CONVEYED TO DEL WEBB TEXAS, LTD. PARTNERSHIP AS RECORDED IN DOCUMENT NO.S 9622645, 20D4075169 AND 9701913, RESPECTIVELY, IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C,T.). SAID 32.968 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE, NAD 83/93 HARN DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED SCALE FACTOR OF 1.000143965: BEGINNING 4 A POINT IN THE PROPOSED SOUTH ROW PEDERNALES FALLS DRIVE; THENCE N 34°48'19" E, 60,00 FEET TO A POINT ON THE ARC OF A NON —TANGENT CURVE FOR CORNER; THENCE 37.58 FEET ALONG THE ARC OF A NON —TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 86.06'59", A RADIUS OF 25.00 FEET AND A CHORD WHICH BEARS N 12.08111" W, 34,14 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE N 30°55'18" E, 243.41 FEET TO A POINT FOR CORNER; THENCE N 87008'26" E, 187.40 FEET TO A POINT FOR CORNER; THENCE S 74*20*02" E, 282.78 FEET TO A POINT FOR CORNER; THENCE S 61 °O6'37" E, 175.12 FEET TO A POINT FOR CORNER; THENCE S 30'41'34" E, 62.36 FEET TO A POINT FOR CORNER; THENCE N 72*18033" E, 96.33 FEET TO A POINT FOR CORNER; THENCE N 78°02'06" E, 74.60 FEET TO A POINT FOR CORNER; THENCE N 86606'05" E, 74.54 FEET TO A POINT FOR CORNER; THENCE S 87°38'56" E, 402.40 FEET TO A POINT FOR CORNER; THENCE N 85'05'58" E, 257.06 FEET TO A POINT FOR CORNER; THENCE S 87038'49" E, 150.25 FEET TO A POINT FOR CORNER; THENCE S 4O'13'44" E, 113.26 FEET TO A POINT FOR CORNER; THENCE S 12°42'30" E, 85,06 FEET TO A POINT FOR CORNER; THENCE S 13.05'29" W, 121,61 FEET TO A POINT FOR CORNER; THENCE S 55053'21 " W, 116.88 FEET TO A POINT FOR CORNER; THENCE N 87°38'53" W, 224,43 FEET TO A POINT FOR CORNER; THENCE S 02021'06" W, 92.84 FEET TO A POINT FOR CORNER; THENCE S 51.22137" W, 362.07 FEET TO A POINT FOR CORNER; THENCE S 43.49' 15" W, 59,83 FEET TO A POINT FOR CORNER; THENCE S 32'36'56" W, 78,11 FEET TO A POINT FOR CORNER; THENCE S 22°15'58" W, 62.32 FEET TO A POINT FOR CORNER; THENCE S 21 a00' 14" W, 301,66 FEET TO A POINT FOR CORNER; THENCE S 43'38'01 " W, 181.14 FEET TO A POINT FOR CORNER; THENCE S 69431'26" W, 304.26 FEET TO A POINT FOR CORNER; THENCE N 20°28'34" W, 706.75 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 708.97 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 34.43'07", A RADIUS OF 1170.00 FEET AND A CHORD WHICH BEARS N 37°50'07" W, 698.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 32.9681 ACRES O-" LAND. *RDINANCE .r fa An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 111h Day of March 2003, to change 17.72 acres from AG, Agricultural to C-3, General Commercial, to change 14.75 acres from AG, Agricultural to MF, Multifamily, and to change 17.39 acres from AG, Agricultural to TH, Townhouse being 49.86 acres out of the John Berry Survey, as Described Volume 452, Page 397 of the Official Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): 49.86 acres out of the John Berry Survey, as Described Volume 452, Page 397 of the Official Records of Williamson County, Texas hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on September 5, 2006 recommended Approval of the requested zoning change for the above described property from AG, Agriculture District to C-3, General Commercial District, TH, Townhouse District and MF, Multifamily District, in accordance with attached Exhibit A. 000 k0li " I "52 Acres,John Berry Survey," FteWIIiiiu AG to C-3, TI-I, ,W1 Pane < o` Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: 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 objectives of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: • Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale and offsite effects. • Objective 1.7: Review land use policies and explore the possibility of using such policies to encourage the development of non-residential "nodes" which would result in concentrated areas of retail and commercial uses instead of strip development; in addition, allowing small-scale nodes in close proximity to residential development should be explored). • Objective 6.3: Promote the availability of a variety of housing types within the City that will meet the needs of all segments of the Georgetown population including age, family status, income and household size. • Objective 6.4: Encourage high density and multi -family to locate in proximity to supporting facilities, including roadway networks, employment, shopping, schools, parks and recreation facilities, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture District to C- 3, General Commercial District, TH, Townhouse District, and MF, Multifamily District, in accordance with attached Exhibit A which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. 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. 09DO AOM400 "52 Acres ,John Bern/ Survey" r e onin AG to -3, TH, MT Pnc>e` 2 o '3 Section 5. 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 on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 26th day of September 2006. PASSED AND APPROVED on Second Reading on the 10th day of October 2006. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: 6 5 (C V64 (�L Patricia E. Carls City Attorney "52 Acres ,John Berry Survely Rezonino AG to C-3, Th, MT-' nnYr 3 o.'- THE CITY OF GEORGETOWN: Mayor EXHIBIT C Legend Site Parcel Boundaries Berry Survey, 52 acres 4 City Limit (Property and boundary lines are approximate) ®..®. SH130 centerlines 11.28 Ac.. Zoning "fract 2 LAI Joh No. 4 t11 John Bemf Sut, No. 3, A-51 T N0685(wdi~) WT 11 amxcm i <"iy, Tracxs (Z� ' Page I (af 2 FJELD tiO'1r1 S DESCP,iTTION DEVELOPMENT PARCELS I, «,A"'sD 3 (PROPOSED) ZONING TRACT 2 DESCWTIC)IN OF 11,28 ACRES OF LAND IN THE 1OHN BERRY 81TR'vEY No. 3, A-51, WU,LJ,ANV50N COUNTY, TEXAS; BEING A PORTION OF THAT CERTAIN CALLED 88.82 ACRE TRACT DESCRIBED IN THE DEED DATED JUL.Y 2, 1962 FROM ERIC W,1< UNRL &D TO LEON A. . PERRIRAZ AND N'vU#E. )VIATl E F. FE tRTRAZ OF REC0RT3 IN VOLUME 452, PAGE 397, DEED RECORDS OF WIL.LIA1wISON COUNTY, 'TEXAS; SAID 1118 ACRES € EING A SEriMENT OF,.A 45,834 ACRE TRACT PORTION OT' SAID' U-82 ACRE TRACT Si,IRVEYED IN A13R11., 2f, 61 5 Y i.t3C12v11.S .AUSTIN, INC. FOR THE TARDY COMPANY L ESTATE (TAMW3 'l:'FtACT ONE AS. SIHOWN CAN LOOMIS ALIS11N, IN(: LA ` No_ 3175 AND IDF.StWBED IN RELDNOTE4S 1 W06 0); SAID 11.028 ACF?;..E TRACT 131 O PARCEL 1 (C0MNI1 .CLALr'RETAn), Pt'i,ItCFL. 2 (COMMERC1AJJTAIL) ,ANTE) -PARCM 3 (OFMCEMAMM US9) AS STiOAW ON THE PRELBIii ARY CONCEPT PLAN EXHMi.T AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDSAS FOLLOWS: CC"INMWNCiNO at an iron rod Frith aluminum cap stamped "=O'r found for the stwthwesl corntT of that certain callcd 29.783 acme tract called "Parcel 33" described in Cause No. 05�058"-CC2 for the Mate iiighwwy 130 righ1wofa a-y, of reord in Documcni No. 2005097M, Official Public R.l^kirds of Williamson C:annmtt', Texas, and being the northwest comer of said 45.834 aorc Trot Chic; THENCE %%rith the nDrthw rqt, litw cif said 43.8.34 apte Tract One, same being the :south line of said "Panic) 33'° traer the follaiwinA t*o (2.1 course arud distawce a l , with theart~ ofa curse W the tight having i r dius cif 4,190,01 feet, an are distance cif;1ti.04 feet and a chord hearing N 6"'' ??'' 1 " F a distance of 315.97 feet to a 1/i4 b iron rod with plastic cap stamped ;.1� ON IS AUSTIN INC"- set, aM i?" 1 3"" .1 a distan t of 3° 8_$f3 fit to a calculated point for the riorlbwrst cvrttrr and POINT OFtta BE-CrUNNING 17f the ttµact &scribe?d herein: TtIFNCE cominuittt~ with xitc Rikith and west lines of said "Pttf -] 33", same bi:cng tbvt north and cast tines of said 45.934 act* Tract t nei the following four {4) courses and distances: 1_ N 316 14' 3?" l a distance of 5?3,32 feet ire a !.-inch iron irx9 with plastic C-3 sutn11 d 41,(�CaMTS AUST D' Tl` C-11 set for the ncirthcrn nordwast comer of said 45.834 acre Tract One and of the tract described herein. ?. S 14° a di'tim e of 114.41 feet to a be -incr� iron rod ft uttd for reentrant cornrr, W 4 +" F o distance (kf 102..24 feet w san lx%n rod with alumintana Cal) stamped "T.KDOT" found fc r the sauthcrn northeast comci r�l'saic 4 _; 4 tit'c Trait C7tte and of the:tract described ]t rein, and i. S 32" I S ` 15" F a di.stenoe. of 51215 fret to a calculated point for the east curncr of the tract described bereiri, frogs which an iron toad with aluminum tap stamped " TXDor, found for the southeast corner of said "farce] 3 " in the sattth line of said 58.1'Z' acre goes; :sans+`: 1xirtl the, north line Atf said Georgetown Railroad Company righl1 of�way, and being the East ctrrtter of said 425A,14 ,tare 'Trdc( One, 1)-�rs S 32" 35' 15".lE a distanm of7411,5 feet. t t.29 Ac. Lming Taut 2 L,AI Join No. 060401 John Bcmt Saur.Ne, 34, Aw51 FN 5(lAjdo) withumsm Ccrrritt j, Texas Fag ? of 2 1", -rNC'E crossing_ the: said 45.83- acre Tact Oroz the fotiowing six, (G) courscs and disco ces; l , S 57 74' 45" W a distt ace of 57OX feet to a calcrtlatcd potm for the €.outfit corner of the tract described herein, ?, with the arc of a curve to the Ml having a radius of 482,50 feet, an arc distance of 250:55 feet, acid a bord bearing N 42' 2t4' 03 t W a distance of 247.75 fit to it point of tangency, 3. N 570 261 37" XV a distance of'2 1-18 feet to a point of curvature, 4. with the arc of a curve to the right having a radius of 417.5 feet; ,an arc, distance of 275.81 fret, and a chord bearing N 18' 317 06' W a,digtanee of27U2 fe:ct to a point oftangeeuc;t', 5. N 19' 35' 35" W a distarice of l 3-;.1.1 feet to a print ofmirvature, and 6. %vith the are. of a c to the right having a radius of 25.UO tcrt, an :arc distance of 39,63 feet, and a chord bearing N 250 49* 31" L a distance of 35,63 feet to the POINT OF $E+taji*tNjNC and cotttain ng i 1,28+ acre, of land, more or icss; 13I AWNG BASIS* Tcaw Cooardinatc System, Central Yxine, NAD 83> Grid: bx t)il. Cylobal PositiOnina S�; teszr (+ PS;r stlr y1 tics in I �«er C t�lara�lca 1ti� Authority cutitt l pcaittts A 042, A743, and M 3A. I.,AT WORD FILE. 1"N0685(wdo) L,M PLAN NO. 3175 KNtttrt ALL, MFN BY 11-ILSE PRESFNI TS COUNTY Of T1CA%gS T]7a;t 1, wil tam D' 0°11tw4, y Regisle ee Professional Land Stvvcy'or, do h bye c4mrtiff that die abvv'a description, and the accompanying plat is true and w7 .0 to the ir4st of my �maurledgr and belief and that the property r described hcrean was dctcrrnincl by a :survey made ort time grout7d dtzting the nnth of Al 2006, Land - my direction and supery siott. WITNESS Y HAND AND SEAL at Austin, Travis County, Tons onthis � �« of'Juiy 2(,h€)6 ADA Loomis Austin, Inc Austin,Ti as 81. 6 William 1). 0114am Itcgistemd proksmonal Land St nleyor Nu. 49 State of Texas 14.n5 Atc. Zonini Tract t LAI Job No, 060401 John, Berry Sur. NO.3, A-51 T"N(WWU+€ ) WIffiramson (AiatiTy. Texas Pagt 1 an 2 FIELD NOTUS D SC.R.rt'11O 0E VE LOPKENT PARCEL •! (PROPOSED) ZONING TRACT I I)E.SC'RIPTICIN OF 14.75 ACRES OF LAND IN THE J01 N I�FRRY SURVEY NO, 3, A-51. INAT .LLIA.1+r (N' COUNT t`, TFjXAS; BE[Wi A PORTION OF THAT CERTi IN;' CALLED 98.s2 ACRE TR,&C" f DESCRIBED IN " 14L I) ED DATED J TLY 2, 1962 FROM ERIC NV. LUNBLAD TO LHON Ar PERRjkF AZ AND WIFE, MATTI:E F. PERRIRjkZ OF REC.OU) iN VOLUME 452PAGE 397, DEED RECORDS QP WILLIAMSON COUNYYt TI AS; SAiI'3 14.75 ACRES BEING A SEGMENT OF A 45_834 ACRE TRAC'I` PORTION OF SAM 88.82 ACRE TRACT" SURVEYED IN APRII. 2006, BY LOOMIS AUSM INC. FOR n-1E DON TAID-V WINTPANY REAL ESTATE (BEING TR.ACt ON AS SHoWls$ ON LOONfi A175'[' INC. PLAN NG.'3175 AND DESCRIBED IN F L.L1 NOTES FNH70)) SAID 14.75 ACRE TRACT BEING PARCEL 4 (M' JLTI-FAwILY), AS SHOWN ON THE PRELIMINARY CONCF.I T PLAN LX[IIBrF AND BEING MORE PART[( UFILARLY DESCRIBED BY AMENS AND B01UNDS AS FOLL01419: C.ONINJENCING at an iron rod a th aluminum caps '"MOT' found for the southwest corner ner of that certain catted 29.783 acre trot called "Parcel 33" described in Cause No* ti5-:05877-C'fi2 for the Mate Ill hwny 130 right-af-wa , of record st Dkoctittlent No, 2005097RD6, Official Public c Recorci;7 of Williamson County. Texas, and being the northwest cr of said 45,$34, store Tract One: THENCE with the northwest line of said 45,834 acre. Tact Onc4 same being 1:hc south and west litres of said '"Parcel 13" tract and the north and east Imes of sai+a 45.834 acne 'Tract Onc, the fbtlowingfive (5) ct,mrstuns avid distances. 1. voidl the a c of a z%1rvt to the right. having a radius of 4,1 _ I f t, an arts diisaance of.416.04 feet and a chord bcanng LN: 67'� 21' 1 T' Ea distance of 31.5,97 feet to a !,Ivincsl; Iron rchl with plastic cap 'Ramped "LOOMIS AL} STIN INC"` ; t, and 2. N 711' 14137 E a distance of 972.20 feet to a lvi-inch iron rod with plastic call seas pod 'I.,CtC NUS AU STI INN"' set for the mirthem northeast corner of said 4.5 K.N-4 acte Trivet One and of the, lru:t described hartin. 3. S 34113' 17" E a distance of 194,41 fact to a hctit "f.-inch iron rod found scrr a recntraiit corner, 4. N W 5fi' 47" E a distame- of 102..24 feet to an iron rod with aluntinurn cap stumped `rX:IJ(Yr' fbtmd for the southezn northeast virnet of said 45,834 acriz, Tfut One and of the tract described Iwrein, arx9 5. S 32' 35' 15" L a distuncr: (if 512.25 feet to a calculatcd point for tip& north _Gomer ;grid 1'C'`Ii' T OF TtECTINNtI'tG of the tract described herein; THENCE S '212`' 35` 15" E, con0auing wills the nort m t line of said 45.104 acre Tract One, saaw hcitig the southwcs-t line of said I axe1 33. a distance of 742,15 feet to ate imn rod with aLuminum cap stacupcd "I 'X1 01` few )d tail the southeast corr= of :said'`Parrot 33" in the south Wane of said 88.82 acre tract, 5awc being the north line of said Geca8etr",, Railm2d Company ri8;ht-ti<-way: and txing t1w southeal si Cartier 01' said 45_8314 afire Parcc1 Chia anti of the tx 1 described heroin. 1 d. 7 5 Ac. Zoning Trait 1 7olm Berry Sur_ Na. 1, h-51 Willianuor Comity. Texss LA )obNio,015M1 FNt}686(vido) pitat 21rf2 THENCE S 560 24' 22" W, with the south lint, of said 88,;s2 acre tract, same being the north line of said Goorgoto*m Raikoad Company righ ^ofoway, a distanor of 1,099,70 feet to a 'f�z-inch iron rod with cap srarttpcd "°R ILS.22.1S" found fir the southeast corner of a called 4.76 acre tract com%ryed to Williamson County, Texas fbr right-of-way of Georgetown inter Loop by the &cid of record in Document Tic. 200301028G, Official Publk. Rcccwds ofWilliamsort County, Texas, game being the south comer of said 45.83 acre Tract Oneand of the tract described hcrein TRE+NCE N *3` I3" 41" W, leaving the south litter of saidGeorgetown Rail=d Company with the cast. line of said. 4.76 acre, sarcic being the cast right-of-way litre of GeorgctoqAm Lever Loop, a dLstattce of 290,70 feet io a calculated point, from which a 1.? inch iron :read with cap stamped " RPLS 221 S' found for a paint ofeur4Wa e- bars N 33' 13- 41"W a distatace of 55.76 ect; THENCE crossing tho sdid 45.534 acts Tract One the following four (4) cou sm and dis nc' es. 1. with t1 arc of a curve to the right.11aving a ra&L%; of 25. feet, an arc distance of 37.41 feet and a chord bean g N 09° 38" 18rr E a distance. of 34.01 ffet to a calculgiod point of curvature, 2. N 52� 3ft` 17" E a distance of 70.66 feet to a ptairtt of curvature, 3. w th the arc t�f a curve to the left liming a radius of 482.5� feet, :u€ are tlia'tar4te. of �75.�� feet. and a chord bearing N 12�' ` 24" dlsWce of621.5d feet to a calculated point, and 4. N 57" 24' 45" F, ea distance of 570.07; feet to the POINT Or, 11E+CINNI'NG and containing 14.15 carts of land, more or lei. BEARING BASIS: Tcmas Covrclixt le £+ysWmE ('exatral 7x)nc, NAD 83., Grid, based on Global PosttiGning System (GPS) aurvcy tsr* to'1~o*m*,r C6)tirado Riti• m Authority control points A742, A743, and NNIG1A. LAI WORD FILE: l Nf 16K.:,(urdo LAi PLAN NO. 3175 11413 STATE OF TEXAS � f'tDUNTY OF TFtAVIS }{J"1C.7W AIJ, MEN BY THESE PRESENTS 1`hat 1, William it,. O'M a, a Registered Professional land Surveyor. do hcreby €t.•rtify that the above deseripptxion and the accompanymg plat is true and correct to the best Of my knowledge area belief arrd that the l)ropefty described herein wits dctc-rmined by tin sur"aley made= on the gtowitl during; the; month of April 2N6, under xny dimction and supervision. NNUNESS MY11AI1? ANT) SE AI,. at Austin. Travis Cou:ntyj Texas on th;4 ofluty 20(K-i A.:I). sx� . C.t�tJ[111, Austin Inc rYiHwf...ii ti+M....a.......t i �ttss?i€� ru s.ieL �h7�t; 1.14+k Fat,! D. t]'N*"SV } Witham 13_ L114M m......... �f z w 4 7t Rcanstcred Professional Lind SunTyor Nt . 487E �+�,",•.;�C �E-'r"-�.�`F'?tf ."f&i5t�: �7?��TCxaS 1 ; ..39 Ac.,Zoning Tr.a_t 3 John 13curry Stir_ No. 3, A.51 'VIItiII14n7soit County, Texas FIELD NOTES DE+SCCRIPTION D'EVELC}I NfEs N"T PARCEL 5 (PROPOSED) ZONING TR.AC'r 3 t_,AI R+ NO. (0401 FN0687(wdc ) Pale 1 or 2 DESCRIPTION OF 17,3� t�CRf3� O LA.ND IN TH JOIN,, BERRY SURVEY NO, 3, A-5t, v+'I3..LVdA 4S,ON C:C.71vt(+ T Y. TEXAS. BFIN(i A, PORTION OF T11AT CSTAIN CALLED 88,82 ACRE TRACT O.F tSC tIHEO IN THE DEED DATED IWJ Y 211 2 FRON1 ERIC 14', LLf"LAD tFO LEON A. Ii1ri kff Z AND 'i 1E2E, MATTIE F. PL'•:RRIRAZ OF RECORD IN Vt: LUNI.E 45Z PAGE 3977 DEM Rlr?:L ORDS OF NVU.L1.ANf8ON COUNTY, TEXIkS; SAID 1739 ACRES BEING A SEGMENT OF A 45.834 AOR.1~ TRACT PORTION OF SAID 8&82 AM TRACT SURVEYED IN ORIL 20067 By LO OMIS AUS.TIN, fNC_ FOR THE TARDY QO?APANY REAL WATE (BEING TRACT ONE A5 SI'Id3WN ON LOOMIS RUST[N. INC. PLAN NO, 3175 AND DESCRIBED IN FIND NOTES FNT0074 SAID 17:39 ACRE `I`I�..&CT € EL G P.A.1t.C'EL {T OOrF.� MILY). + SIi#3W'3 i Old THE I'3t 411N,AR'j` CONCEPT PI. ANO EXHIBIT AND T3>~vING NIORE PARTICUL kRLY DESCRIBED BY NIMS AND BOLPSTEIS AS FOLLOWS: BEGINNING at. an iron rod with alumtnum pap gamped "MOT" found for the southwesi mmcr of'the certain caltrd 28.783 acre trite' ci dled "Pamel 3 " desciriibed in C:a se No,. 054587-CC2 f`ixr the Stag Hig -i%vay 130 rigltt- C way, of rerjord in Document No. 21305097806. Official Ptzlzlic Records of "i14iam4on Count}, Texas, being ttw northwest corner of said 45.834 acre Tract. Onit and the v4Yrtl)I;Nvst c-omcr and POINT i)irI3EGj"a'1\ING (of tl)c tract described Beira; THENCE with idle not tine of sa:d 45.834 acre Tract One, saute beint; the stytth line of said "Pared 33" tract, the following two (2) urscs and r3istanc : 1. 1vtth :Ist' am of a curve., W trite right having a radim of 4,19i}.tll 3cnt, an arc distance of?1ti.{4 ftet and a chord hcanng N 62.E 22' 17' 1 a distrtmce cif 335,97 fit to a / -ineh imn rod with plastic cap lamnipetd 1.CtOMIS A% STIN INC" set. and 2. N 7V 1437" L a d ssia ce of 28a.871 feet to si "Iculated pA)int fur thu north of tltc mum dc-z„rtlacd herein; THENCE crossing said 45.834 acre Tract One, the fo)1u jng:F4vtm (7) court and disl.lmwe : l . with the. arc: ()fa curve to the right having, a radius of 25_flfl feet, an are; di tamc of 38.90 feel and u cl)t)Td'rearing S C,4`' tli' 29" L i, dista4we. oaf 3*,'), I I feet to a calculated poittt oftattgcncy, 2 , 1 q° 35' ; " E �t distattce ctf 139.:t5 feet to a c;Alculated point of curvaturc, 3 with the arc of a Cut"ke to the left, haNikir, a radiws of 482.50 ft&i, an arcdistance of 338.75 feet and a ebord bocanng S 38G 31' " E a distance of 312.98 feet to a calculated point of tangency, 4, " >t>, i E a dis ttce of 'tt ] .l B €ea t t�, tt c;ticrtt:ate Point of iWrVaturC, r. x%i: the ar4 cif ,. curve to the- mgbit hAvinp, a ra€iius of'417.5C, feet, art axt: distance= cif' 801.17 icet and a chord kx irtng .5 021' 2M' 10" E a distance of693-79 fett to a calouiated dint of tangency ti,. 5 52" 3(t. t' catculatcd point ofcur:aturr. Wed 1413 9 Ac. Zaninz Tract 3 LAI Job No. OHM John Rerry Sur. No, 3, AN51 F'l D6&7(,w*) V;illiamsoc>n County, Texas pft&e Z of'" 7. with the tare: of a curve to the right. having a radius of 275.00 feet, an are distance. of 39,81 feet and a chord hearing N 81 ' U52' 36" 14' a distance of 35,74 feet io a calculated point in .the curving southwest line of said 4 .,h37 acre Tract One, satne being the no:tliea~st lire of a called 4_76 acsr tract conveyed to Williamson Cooney, Tems for right-of-way of Georget6vn inner Loop by the d d of record in Docnmt.ont No. 20030102) 807 Official Public Records of Williamson County, Texas, and being the south cotter of the tract described herein; THENCE with the arc of a curve to (lire left htiving a rFadim of 1,094.68 feet, an arc distance of 870.67 feet and:a chard bearing N 59' OT 36" W a dist'anac of 847.90 feet to ;i e Sinch :iron, rod found in the west tine of said 98.82 sere tt�ct, same boing the Wt lime of Lot 2. said A i cndcd flat of Katy School Subdivision, for the northern sotithu< st coi'w of said 45.837 acra' Tract One and of the tract dosoibed here -in, from which a 1,6winch iron rod with ap staralicd "RI'LS 771fi" found, for the northeast comer of the portion of said Georgetown, Inner Loop dedicated by said plat, of AnxxWedPlat of Katy School Subdi vis€oll bears S 20,%' 48' 11" EA distance of 39.06 feet; THENCE N :410 09' 48" W, leaving the east righTSofw'av line of'said Georgetown Inner Loop with tltc west line of said $8.82 aern tract and,of said 451'837 acre Tract Onc, sa=,k ing t1ic. cast line of sm'4 i.%?, a distance of 609.+02 feet to the POMT OF BEGINIUNG and ountain 17.34 acres of land, stage or lam. BEARING BASIS. Texas Coordinate Systern, Central Zone, NAD 93, +arid, based on Global Positioning Systeiii {(.,P;9) survey ties to Lower C t�l+ora{in Rimer Authrtriry control points A74?, A.743 rind MG3A. LA1 WORD TILE: FN0670(wdo) L.A.I PLAN NO.3 175 THE STATE_ OF ITXAS COUTNITY OF t KNOW ALL MCN BY THESE PRESENTS Thal 1, Willi3m I). O'llari,, a kcgisi=d Professional Land SuTreyor, do hereby certify that the above deoc'=iption and the atrcompanying putt is Into aml mc4 ct to the s^st of ni5, knowrlt4ge Arid belief wid th3l the. propert � dcs� rilicd herein was determined by a survey ttuade on the cwnd diving t rt ontli of .April 2t106, under my direction and supervision.. WITNESS MY HAND AND SEAL at Attstin, Travis Coun�y, Texas on t}iis lj!-�of,laly 2006 AXi, Air* W04; Loomt's, tili+�ttn, Inc qNm +Autrn. TC 4it5 +it••`�'•••«•• ••«1 ti1118n1 1. �}'1 {STa F.�4Registered Pro csion�al 1asid Surveyor No, 4878 o` *S:. *% � State of Texas S U (1.44 Ac, Zoniii 'Tiract 4 Job Bcrt:v Sur. No. 3, A-i l Williamson f.. mniy, Texas <&.W. LAI Job Nu_ 060401 Past 1 of SLID NOTES D&SCRII'''i ON 11Ev'>rrT..OVNIENT PARCEL 6 (PROPOSED) ZONING TRACT 4 fDESC..RIMICDN OF 6A ACRES OF LAND A; THE JOHN BERRY SURVEY NO. 3, A-SL N ILLLWSON c:+ W'NTY. TEXAS, BEWCT A PORTION OF THAT CERTAIN' CALl,.F.D 98,82 ACRE TRACT' DaSCRIBED IN THE DEED DATED JULY 2" t962 FROM l JC W. LUNBLAD To L.EONZ .V PERRIRAZ AND WIFE, MATTIE F. PERkMAZ 012 RECORD; IN VOLUME 4521 PAGE 397, DEED RECORDS OF 'ti? LI.tA_ SON COUNTY, TEXAS, SAID 6,442 ACR0 BEINO ALI, OF A PO. RTTO OF SAID 88.82 ACRE TRACT SURVEYED IN, APRIL 2^ BY LOOMIS ALrS'ml, INC, FOR THE TARDY C40MPAN't REAL ESTATE (BEING TRACT TWO AS SHOWN ON LOOMIS'AUSTIN, INC. PLAN NO, 3175 AND DF„SCRIBED 1N HELD Ntl'I I S FN0670); SAID 6,44 ACRE TR.4C T BEI%N(i PA C.TEL 6 �CONTMERCiAVSTORAGE) AS SHOWN CAN THE I'RE1.MINARY CONCEPT PLAN F"XHIBrf AND BE. TIG MORE FA.RTIC1jLARL1t` 1DF.gCR1B8D BY lvfEIIES AND BOUNDS AS I OLLCtt�irS; BEGINNING at a !6wiub ircan rod in concrete found, being in the north lane of the Gcorgctownt Ra►koad C:omIm rty. I till-ft wide xirht-4.44ay conveyed by Quitclaim Deed to aid �Cicorgctowin Railroad Company as dessuibcd. in Volume 2267, Page 954, Deed Records of Williamson CoLint , Te :a, and pncviousty dccscribed by mzics wad both& it) Volume SG, Page 506, Deed Records; of Williamson County, Texas, for the southwest comer of said 88,82 acre irae't, being the southemt comer of I.Ax I. Arvraded :Plat of Katy School %ijWe ivisinti, a subdivision accordir:g to the, plat of record in Cabinet S, Slide 305, Plat Records of Williamson Cotinty, Texas, and racing the southwest carrier and POINT OF BFGTN'rNTIT+iG of the tract descTibcd hrrcin; THE, CE N 21 � 061 34" W. wili� the west fine of said 88.82 acre trac It saint being tlt east lime of said Loot 1, a disumcc of 984t.32 fed to a !6-incb izott rod with clip stainlied "RPLS 2218" found for the southwest comer of it called 4,76 acre trAc conveyed foT right-of4wray of Georgctovim Inner Loop to Wil1iinisoa County, Texas by the deed tf mc-orel in Dkocutnettt No, 20030102803 Official Public Records of Kiltiarnson County, Texas, f om which a Vi-mch iron rod with rap stamped "RPLS 22t8" found for the soutlrcmt corner of the portion of said Gekir etown loner Loop dedicated by said plat of emended Plitt of IL'tiy School Subdiviston hears N 11' 20' 2.9" W a distancr. of 32_2:2 .fcct;. THENCE crossing said 88,82 acre tract with the Notteil line of said 4,76 4rc:re tract,same ruing the ww right-o -way' line of said GcoT rvtowm Irmer Loop. the foll+�twng two(A.) c�rursr s turd cl�trtnecs: 1. with the arc of a cuntc to the right having a radius of 914.44 feet_ an aTu distance: of 671.68 kct and a chord bearing S ;34° 1 ' W" E a distance of 656.08 feet W a ! <-inch iron rod wit]) cap swtrped "RPLS 221 8" found, and `?.. S 33" t2' 3�!' E a distance of 347.56 feet to a !a_ such iron rod with cap stamped ' tRP S 221tV" found in the south liar. of said 88'.82 t civ. tract, same lacing litc. north line of & id Gcorgetoum Railroad Company. riglii-of-%may'.. tin;; the southwest earner of said 4.76 acre tract and heing the southeast corder of the trim de `rib d hetvin: THENCE S 6" 24" 2" "'44`, with the south line of said 88.8"? a= trust, same being the north tioe of said Cic:t�r gt�roown Pia «1rnad Corrif u y right-of-way, a di.;tance of 4 2.3? feet to the PO ItiTC?i+ BEGINjVjN1G ;4ntd caYtt ti aitrt 6.44 acres of land, more or less. 6.44 rye. /uniia, 1'ruct 4 LAI Job No. 0001 John Berry Sw. No, j, Awe I )90698wda) williams,cn C'ounly, Texas Page.2 of 01 BEARING BASIS: Texas Cnordinatc. SVNtom, Cezitt-a', Z,-,me, NAD S?, Grid, based un Global Positioning S.r :# �frPS) sup ��w' tica Sty Lowe, olorad�o River Authority convx)l poinn A742, A743, and MGM, LAI WORD FILE: FN0698(ti (1ki) LAI R1_AN NO, 3 Is 75 ` 14E STA'tTB OF TFXAS � COUN 17 OF, Ti7 AVIS KNOW Yer ALL MEN BY THESE PREa�ENTS Ttwi 11 Wall tam .U_ 01br;a, a Registered Professional Land Surveyor, do berdby certify that the above doscriptiom and the acconv anyingr plat is irtte and etnrrc"t to the best of my lmowlo dge and belief and tto the property described herein was determined by s st rs ee' ma& bn ttm gmund dutang 01r. mtintti of April 2tttl6, under my direction and selpetvisiom WITNESS Nil HAND AND SEAL: at Austin, Travis County. Texas on this 14. of July 2006 :As DI Loomis Auslj4 1.rj4 Austin, 01-eras 7V46 Willism D, O'Hara Registered Prnfessional Lewd Surveyor No. 48`18 State of Texas ,r r