Loading...
HomeMy WebLinkAboutORD 2005-53 - ANX Sun City Blvd ROW to SH 195Ordinance No. c2 Q 0 "63 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 18.819 acres, more or less, in the Frederick Foy Survey, as described in Exhibit A of this Ordinance; which said terrritory 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 June 28, 2005; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on August 9, 2005, and August 23, 2005; 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 WHEREAS, all prerequisites of state law and the City Charter have been complied with; Ordinance No. A005%-53 Page 1 of 3 Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195 Now, therefore, be it ordained by 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: Citizens of Georgetown experience a stable, self-sustaining economy with expanding job opportunities. 2. Policy Statement: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement: Citizens, business owners and organizations enjoy the benefits of well- planned land usage in which conflicting needs are balanced. 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: 18.819 acres, more or less, in the Frederick Foy Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance. Exhibit C contains the service plan. Section 3. The 18.819 acres, more or less, in the Frederick Foy 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. 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 cf the City of Georgetown. Passed and Approved on First Reading on the 13 day of September, 2005. Passed and Approved on Second Reading on the 27 day of September, 2005. Ordinance No. 02005 50; Page 2 of 3 Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195 Attest: Z'0152!�I �,J� Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney The City of Georgetown: By: Mayor Nelon Ordinance No. C1005 '5 3 Page 3 of 3 Annexation of 18.819 Acres, Sun City Blvd ROW to SH 195 -------= -- EXHIBITS -------------- EXHIBIT A ANNEXATION AREA METES AND BOUNDS DESCRIPTION EXHIBIT FOR PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN, SUN CITY BOULEVARD EXTENSION (EAST) 18.819 ACRES BURREL EAVES SURVEY, ABSTRACT 216 WILLAMS0N COUNTY, TEXAS BEING A 18.819 ACRE TRACT OF LAND IN THE BURRELL EAVES SURVEY, ABSTRACT 216 IN WILLIAMSON COUNTY, TEXAS. OUT OF THE REMAINDER, OF A CALLED 753.350, 0.054, AND 310.706 ACRES CONVEYED TO DEL WEBB TEXAS LIMITED PARTNERSHIP RECORDED IN DOCUMENT NO. 9558177 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.). SAID 18.819 ACRE TRACT BEING MORE PARTICULARLY LOCATED AND DESCRIBED AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83%93 HARN DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED SCALE FACTOR OF 1.000143965: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF THE PUBLIC REVIEW FINAL PLAT OF PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN ASSISTED LIVING CENTER; THENCE N 0933'30" W, 278.54 FEET TO A POINT FOR CORNER; THENCE N 07'07'47" E, 120.00 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE FOR CORNER; THENCE 782.99 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 43'46'03", A RADIUS OF 1025.00 FEET AND A CHORD WHICH BEARS N 75'14'46" E, 764.09 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE N 53'21'44" E, 160.76 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 608.40 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 27'39'57", A RADIUS OF 1260.00 FEET AND A CHORD WHICH BEARS N 67'11'43" E, 602.51 FEET TO A POINT OF TANGENCY FOR CORNER,; THENCE N 81'01'41" E, 697.87 FEET TO A POINT OF CURVATURE FOR CORNER; THENCE 249.36 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 11054121"1 A RADIUS OF 1200.00 FEET AND A CHORD WHICH BEARS N 75'04'31" E, 248.91 FEET TO A POINT OF TANGENCY FOR CORNER; THENCE N 69407'20" E, 457.62 FEET TO A POINT OF CURVATURE FOR CORNER,; THENCE 54.29 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 124'25'44", A RADIUS OF 25.00 FEET AND A CHORD WHICH BEARS N 06'54'215' E, 44.23 FEET TO A POINT FOR CORNER ON SAID ARC; THENCE S 5918'24" E, 245.94 FEET TO A POINT FOR CORNER; THENCE S 6950'11" W, 3217.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 18.8186 ACRES OF LAND. NOTE TABLE NOTE DISTANCE BEARING 1 53.01 S55 -18-24E 2 120.00 N 7-07-47E CURVE JABLE NOTE ARC LENGTH DELTA 1 782.99 43-46-03 2 608.40 27-39-57 3 249.36 11-54-21 4 54.29 124-25-44 5 274.29 11-54-21 6 55D.46 27-39-57 7 674.65 43-46-03 8 874.65 43-46-03 9 550.46 27-39-57 10 274.29 1 1-54-2 1 11 782.99 43-46-03 12 608.46 27-39-57 13 249.36 1 1-54-21 14 54.29 124-25-44 ANNEXATION EXHIBIT FOR PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN SUN CITY BOULEVARD EXTENSION (EAST) SHEET 2 OF 2 CHORD CHORD RADIUS BEARING DISTANCE 1025.00 N75 -14-46E 764.09 1260.00 N67 -11-43E 602.51 1200.00 N75 -04-31E 248.91 25.00 N06-54-2BE 44.23 1320.00 575-04-31W 273.80 1140.00 567-11-.43W 545.13 1145.00 S75 -14-46W 853.54 1145.00 N75 -14-46E 853.54 1140.00 N67 -11-43E 545.13 1320.00 N75 -04-31E 273.80 1025.00 N75 -14-46E 764.09 1260.00 N67 -11-43E 602.51 1200.00 N75 -04-31E 246.91 25.00 N06 -54-28E 44.23 ANNEXATION EXHIBIT FOR PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN SUN CITY BOULEVARD EXTENSION (EAST) SHEET 2 OF 2 EXHIBIT C City of Georgetown Municipal Service Plan Introduction: Requests have been received from Del Web Texas, LTD, and their designated agent, per the February 14, 1995 Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., L.P., referred to collectively herein as "Petitioners" or Owners", to annex: 18.819 acres, more or less, in the Burrell Eaves Survey, east Sun City Neighborhood 33, for Sun City Boulevard Right -of -Way to State Highway 1951 The subject property generally lies between Sun City Neighborhood 33 and State Highway 195 at the Northeastern edge of Sun City Texas. A legal description of the property is attached as Exhibit A and Exhibit B of the annexing ordinance. The area includes no residences, and where less than three qualified voters reside. The topography is similar to the property in the area West of Interstate 35 and North of Williams Drive. This service plan has been prepared in accordance with Section 43.056 of the Texas Local Government Code, NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As is stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner when the City and the landowners subsequently agree in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. The City of Georgetown has entered into a Development Agreement with Del Webb Texas, LTD, on February 14, 1995, with subsequent amendments. The Development Agreement is a method by which the City of Georgetown has extended services to similar areas of the City, consistent with Section 43.065(a) of the Texas Local Government Code. Schedule of Municipal Services to be Provided Municipal facilities and services to the annexed area will be made available or provided by the City within 21h years following the date of annexation, unless otherwise specified below: I. Police Protection A) Existing services: None B) Services to be provided: Police protection personnel and equipment from the city police department shall be provided to the annexed area, beginning on the effective date of the annexation ordinance, and shall be provided at the same level of service as currently provided throughout the city. C) Animal control services will be provided in the area when requested. Service Plan: Annexation of Sun City ROW to SH 195 OR04 d2ooss"53 hrbl+ ItCat 1 II. Fire Protection (Including Emergency Ambulance) A) Existing services: None B) Services to be provided: Fire protection personnel and equipment from the city fire department shall be provided to the annexed area, beginning on the effective date of the annexation ordinance, and shall be provided at the same level of service as currently provided throughout the city. III. Solid Waste Collection A) Existing services: None B) Services to be provided: Solid waste collection shall be available to the annexed area on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide waste collection services to a person who uses the services of a privately -owned solid waste management provider. IV. Water Service in the Service Area of the City A) Existing services: None B) Services to be provided: Water service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. V. Wastewater Service A) Existing services: None B) Services to be provided: Wastewater service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. VI. Maintenance of Roads and Streets A) Existing services: None B) Services to be provided: For City streets, street maintenance and other street services shall be provided to the annexed area on the same basis and at the same level as provided throughout the city. VII. Parks and Recreation A) Existing services: None B) Services to be provided: All of the city parks and recreational facilities shall be available for use by residents of the annexed area, beginning on the effective date of the annexation ordinance. VIII. Library Service A) Existing services: City library facilities are presently available. B) Services to be provided: All of the city library facilities shall be available for use by residents of the annexed area, at the same level of service as currently provided throughout the City, beginning on the effective date of the annexation ordinance. IX.. Street Lighting A) Existing services: None B) Services to be provided: Street Lighting will be provided per the February 14, 1995 Development Agreement, with subsequent amendments. X. Planning and Zoning A) Existing services: None Service Plan: Annexation of Sun City ROW to SH 195 2 00 a005"53 Ekh o f 4#C a &J A 0013 B) Services to be provided: The planning and zoning jurisdictions, including the subdivision platting process of the city, will extend to the annexed area on the effective date of the annexation ordinance. XI. Building Inspection - Code Enforcement A) Existing Services: None B) Services to be provided: On the effective date of the annexation ordinance, building inspection personnel and equipment from the city building inspection department shall be provided to the annexed area. On the effective date of the annexation ordinance, all building permits and related construction permits will be issued in accordance with existing city ordinances resolutions, regulations, and building codes. On the effective date of the annexation ordinance, on site inspection services of new construction will be provided. On the effective date of the annexation ordinance, the Planning and Development Services Division will provide consultation with the developers concerning site plans and building code requirements. XII. Miscellaneous All other applicable municipal services will be provided to the area in accordance with policies established by the City. XIII. Utility System Capital Improvements The construction of any utility system capital improvements shall be in accordance with the terms of the Development Agreement. The Development Agreement and this service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. However, the city does not violate this service plan or the Texas Local Government Code if the construction process is interrupted for any reason by circumstances beyond the direct control of the city. XIV. Level of Service Nothing in this plan shall require the city to provide a uniform level of municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. XV. Fiscal Anal The provision of services to the annexed area will have little cost impact on the City of Georgetown's General Fund or on the utility ratepayers. XVI. Term This service plan shall be valid for a term of ten (10) years. XVII. Amendments This plan shall not be amended unless public hearings are held in accordance with Section 43.0561 of the Texas Local Government Code, Service Plan: Annexation of Sun City ROW to SH 195 V . aoos"53 e<AJO bif 1104f 11 3