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HomeMy WebLinkAboutORD 2005-103 - ANX D.B. Wood RdOrdinance No. 205a10 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 27.47 acres, More or Less, of D.B. Wood Road Right of Way, in the Isaac Donagan Survey and Joseph Fish Survey, as Described in ExhibitA 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; Approving a Service Plan for the Area; 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, thusmeeting 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 November 8, 2005; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on November 8, 2005, and November 22, 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 Annexation of 27.47 Acres, D. Q. Wood Road ROW Page 1 of 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 Statement2.0: 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 qualittj 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: 27.47 acres, more or less, in the Isaac Donagan Survey and Joseph Fish 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 27.47 acres, more or less, in the Isaac Donagan Survey and Joseph Fish Survey, as described in Exhibit A of this ordinance, is included in City Council District 3, as it is adjacent to Council District3 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance,arehereby 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 of the City of Georgetown. Passed and Approved on First Reading on the 1311, day of December, 2005. ., Passed and Approved on Second Reading on the day ofitt'l. 2005. Annexation of 27.17 Acres, D. B. Wood Road ROW Page 2 of 3 Ordinance No. ; ; i► I Attest: Sandra D. Lee City Secretary Approved as to form: Patricia E. Carls City Attorney Annexation of 27.47 Acres, D. B. Wood Road ROW Page of 3 The City of Georgetown Mayor Ordinance:z et` • U 27.47ACRES F.N. NO. 6524(JJC) WILLIAMSON COUNTY, TEXAS JULY 8, 2003 JOB NO. 440717.00 EXHIBIT A METES AND BOUNDS DESCRIPTION ALL OF THAT CERTAIN 27.47 ACRE TRACT, STRIP OR PARCEL OF LAND SITUATED WITHIN AND BEING A PORTION OF THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, AND THE JOSEPH FISH SURVEY, ABSTRACT NO. 232, IN WILLIAMSON COUNTY, TEXAS, SAID 27.47 ACRE TRACT, STRIP OR PARCEL OF LAND BEING APPROXIMATELY 120 FEET IN WIDTH, EXCEPT FOR THE SOUTH 50 FEET WHICH EXTENDS OUT TO 226 FEET IN WIDTH TO INTERSECT WITH STATE HIGHWAY 29, BEING ALL OF THAT CALLED 16.08 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERRED TO AS EXHIBIT D, IN A RESOLUTION BY THE COMMISIONERS' COURT OF WILLIAMSON COUNTY, TEXAS, RECORDED IN VOLUME 901, PAGE 551, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING ALL OF THAT CALLED 6.91 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERED TO AS EXHIBIT C, IN SAID RESOLUTION, BEING ALL OF THAT CALLED 1.65 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERED TO AS EXHIBIT 8, IN SAID RESOLUTION, BEING A PORTION OF THAT CALLED 10.21 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERED TO AS EXHIBIT A, IN SAID RESOLUTION, ALSO BEING A PORTION OF LOTS 1 AND 2 OF HOME PLACE, A SUBDIVISION OF RECORD IN CABINET K. SLIDE 117, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 27.47 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'r2 inch iron rod with a cap stamped PBS&J. set in the north right=cf-wav of State Highway 29, at the southern most west corner of said 16.08 acre tract and the southern most east corner of Lot 1, Resubdivision of lots 5 and 6, Block 1, Wood Ranch, Section Five, a subdivision recorded in Cabinet R. Slide 133, of the Plat Records of Williamson County, Texas. from which a concrete highway monument bears S 87' 09' S3" E, a distance of 898.61 feet: THENCE, N 33= 36' 19" E. aiong the west line of said 16.08 acre tract and the east line of said Lot 1, a distance of 58.13 feet to a : inch iron rod set with a cap stamped PBS&J: THENCE. N 200 55' 50" W. continuing with the west line of said 15.08 acre tract and an east bre of Wood Ranch. Section Five. a subdivision recorded in Cabinet K. Slide 269, of the Plat Records of Williamson Count;, Texas, the east line of Amended Wood Ranch, Section Two, a subdivision recorded in Cabinet K. Slide 67, of the Plat Records of Williamson County. Texas, the east +ire of Amended Wood Ranch. Section Three, a subdivision recorded in Cabinet L, Slide 205, of the Plat Records of Williamson County, Texas, the east lire of Amended Wood Ranch, Section Four, a subdivision recorded in Cabinet L, Slide 208, of the Plat Records of Williamson County, Texas, and also the east line of that called 2055.12 acre tract, referred to as Tract I, in a Warranty Deed from James Ross Avant and Joan Wood Avant to their children Jim Forrest Avant, Jeff Wood Avant. and Jamie Avant Dyhle in Volume 2334, Page 548 of the Official Records of Williamson County, Texas, a passing distance of 2.40 feet, a perpendicular distance east of 0.05 feet to a Yx inch iron rod found, a passing distance of 146.34 feet, a perpendicular distance west of 0.11 feet to a 1./2 inch iron rod found monumenting the northeast comer of said Lot 1 and the southeast corner of Lot 7, of said Wood Ranch, Section Five, a passing distance of 354.09 feet, a perpendicular distance east of 0.14 feet to a 1,•2 inch iron rod found monumenting the northeast comer of said Lot 7 and the southeast corner of Lot 8 of said Wood Ranch, Section Five, a passing distance of 569.99 feet, a perpendicular distance west of 0.25 feet to a 112 inch iron rod found monumenting the northeast comer of said Lot 8 and the southeast corner of Lot 9 of said Wood Ranch. Section Five. a passing distance of 697.44 feet to a '.= inch iron rod found monumenting the northeast corner of said Lot 9 and the southeast corner of Lot 10, of said Wood Ranch, Section Five, a passing distance of 824.48 feet, a perpendicular distance east of 0.23 feet to a 1,2 inch iron rod found monumenting the northeast corner of said Lot 10 and the southeast corner of Lot 11, of said Wood Ranch, Section Five, a passing distance of 951.37 feet. a perpendicular distance east of 0.28 feet to a 11/2 inch iron rod found monumenting the northeast corner of said Lot 11 and the southeast corner of Lot 12 of said Wood Ranch, Section Five, a passing distance of 1202.33 feet to a '.'z inch iron rod found monumenting the northeast corner of said Lot 12 and the southeast corner of Lot 1, of said Amended Wood Ranch, Section Two. a passing distance of 1509.30 feet, a perpendicular distance east of 0.12 feet to a Yz inch iron rod found monumenting a point of cur✓ature in said Lot 1 and in the south right-of-way of La Mesa Lane, a 60 fent wide right-of-way >ho•. n =n said Amended `Nooa Ranch. Section Two. a 0 27.47ACRES F.N. NO. 6524(JJC) WILLIAMSON COUNTY, TEXAS JULY 8, 2003 JOB NO. 440717.00 passing distance of 1599.32 feet, a perpendicular distance east of 0.36 feet to a ''A inch iron rod found monumenting a point of curvature in Lot 20 of said Amended Wood Ranch, Section Two and in the north right-of-way of said La Mesa Lane, a passing distance of 1919.35 feet, a perpendicular distance west of 0.10 feet to a '/2 inch iron rod found monumenting the northeast corner of said Lot 20 and the southeast comer of Lot 21 of said Amended Wood Ranch, Section Two, a passing distance of 2069.40 feet, a perpendicular distance west of 0.07 feet to a '/2 inch iron rod found monumenting the northeast corner of said Lot 21 and the southeast comer of Lot 22 of said Amended Wood Ranch, Section Two. a passing distance of 2848.07 feet, a perpendicular distance west of 0.52 feet to a 1/2 inch iron rod found monumenting a point of curvature in Lot 1, of said Amended Wood Ranch, Section Three and in the south right-of-way of Cedar Ridge Drive, a 60 foot wide right-of-way shown on said Amended Wood Ranch, Section Three, a passing distance of 2948.04 feet, a perpendicular distance west of 0.68 feet to a %i inch iron rod found monumenting a point of curvature in Lot 10 of said Amended Wood Ranch, Section Three and in the north right-of- way of said Cedar Ridge Drive, a passing distance of 3203.03 feet, a perpendicular distance west of 0.50 feet to a ''A inch iron rod found monumenting the northeast corner of said Lot 10 and the southeast comer of Lot 9, Block D, of said Amended Wood Ranch, Section Four, a passing distance of 3458.10 feet, a perpendicular distance west of 0.47 feet to a'h inch iron rod found monumenting a point of curvature in said Lot 9 and in the north right-of-way of Sage Brush Court, a 60 foot wide right-of-way shown on said Amended Wood Ranch, Section Four, a passing distance of 3558.00 feet, a perpendicular distance west of 0.39 feet to a 1.12 inch iron rod found monumenting a point of curvature in Lot 1 of said Amended Wood Ranch, Section Four, a passing distance of 4054.30 feet, a perpendicular distance west of 0.21 feet to a '/2 inch iron rod found monumenting the northeast corner of said Lot 1, Wood Ranch, Section Four and the most easterly comer of said 2055.12 acre tract, for a total distance of 4818.16 feet to a ?h inch iron rod found monumenting a point of curvature in the west line of said 16.08 acre tract and a point of curvature in the east line of said 2055.12 acre tract: THENCE, continuing along the west line of said 16.08 acre tract and the east line of said 2055.12 acre tract, a distance of 342.75 feet along the arc of a curve to the left, having a radius of 5669.05 feet. a central angle of 3027'49", and a chord bearing N 22° 13' 22" W, a distance of 342.70 feet to a :'z inch iron rod found monumenting a point of tangency in the west line of said 16.08 acre tract and the east line of said 2055.12 acre tract: THENCE, N 24` 99' 21" W, continuing along the Nest line of said 16.08 acre tract and the east line of said 2055.12 acre tract, a distance of 236.35 feet to a '.i inch iron rod found monumenting a point of curvature in the west line of said 16,08 acre tract and the east line of said 2055. 12 acre tract: THENCE, continuing along the west line of said 16.08 acre tract and the east line of said 2055.12 acre tract, passing the northwest corner of said 16.08 acre tract and the scuthwest corner of said 6.91 acre tract at an approximate arc distance of 251.24 feet, a total distance of 404.18 feet along the arc of a curve to the right, having a radius of 5789.65 feet, a central angle of 4000'00", and a chord bearing N 220 25' 28" W, a distance of 404.10 feet to a l/z inch iron rod with a PBS&J cap, set as a point of tangency in the west line of said 6.91 acre tract and the east line of said 2055.12 acre tract; THENCE. N 20' 25 15" W. continuing along the west line of said 6.91 acre tract and the east line of said 2055.12 acre tract, passing the north line of the Isaac Donagan Survey, Abstract No. 178, and the south line of the Joseph Fish Survey, Abstract No. 232, a total distance of 2264.23 feet to a',i inch iron rod found monumenting a point of curvature in the west line of said 6.91 acre tract and the east line of said 2055.12 acre tract: THENCE, continuing along the west line of said 5.91 acre tract and the east line of said 2055.12 acre tract, passing the northwest corner of said 6.91 acre tract and the southwest corner of said 1.65 acre tract at an approximate arc distance of 186.27 feet. passing the northwest corner of said 1.65 acre tract and the southwest corner of said 10.21 acre tract at an approximate arc distance of 788.18 feet, a total distance of 1038.80 feet along the arc of a cure to the left, having a radius of 1372.69 feet. a central angle of 43021'33", and a chord bearing N 420 05' 41" W. a distance of 1014.19 feet to a '.-z inch iron rod with a PBS&J cap, set as a point of tangent✓ in the west line of said 10.21 acre tract and the east line of said 2055.12 acre tract: ?:u1e of 0 27.47ACRES F.N. NO. 6524(JJC) WILLIAMSON COUNT(, TEXAS JULY 8, 2003 JOB NO. 440717.00 THENCE, N 63' 46' 48" W, departing the west line of said 10.21 acre tract and the east line of said 2055.12 acre tract, over and across said 10.21 acre tract. a distance of 179.02 feet to a '/z inch iron rod with a PBS&J cap, set for a point of curvature: THENCE, continuing across said 10.21 acre tract. passing the north line of said 10.21 acre tract and the south line Lot 1, of said Home Place subdivision at an approximate arc distance of 334.83 feet, continuing over and across Lot 1, of said Home Place subdivision, for a total distance of 598.33 feet along the arc of a curve to the right, having a radius of 1492.84 feet, a central angle of 22057'5111 , and a chord bearing N 52' 41' 59" W, a distance of 594.33 feet to a '/z inch iron rod with a cap stamped PBS&J, set at the in the north line of Lot 1, of said Home Place subdivision, also being a south line of the United States Army Corps of Engineers 349.04 acre tract (no recording information found), from which a concrete monument with a brass cap stamped 41969, Corps of Engineers" bears S 680 50 47" W, a distance of 254.96 feet; THENCE, N 680 56' 47" E, with the north line of Lot 1, of said Home Place subdivision and the south line of said 349.04 acres, a distance of 128.61 feet to a '/z inch iron rod set with a cap stamped PBS&J, from which a brass cap stamped "1969. Corps of Engineers" bears N 68° 56' 47" E, a distance of 1276.14 feet; THENCE, departing the south line of said 349.04 acres, over and across Lot 1, of said Home Place subdivision, a distance of 505.89 feet along the arc of a curve to the left, having a radius of 1372.83 feet, a central angle of 21006'49", and a chord bearing S 530 37' 30" E, a distance of 503.03 feet to a '/z inch iron rod set with a cap stamped PBS&J: THENCE, S 63° 46' 20" E, continuing across Lot 1, of said Home Place subdivision, passing the common line between Lots 1 and 2 of said Home Place subdivision at a distance of 17.10 feet, continuing over and across said Lot 2 for a total distance of 180.02 feet to a 14.3 inch iron rod with a cap stamped PBS&J, set in the south line of said Lot 2. and the easterly line of said 10.21 acre tract: THENCE. with the easterly line of said 10.2' acre tract and the south line of saie Lot Z passing the common line of Lots 2 and 3 of said Home Place subdivision at an arc distance of 30.56 feet, passing a nail found monumenting the southwest corner of said Lot 3 and the northwest corner of that certain tract or parcel of !and described as containing 50.52 acres of land and referred to as Tract III, in said Volume 2334, Page 548, of said Deed Records, at an arc distance of 96.18 feet, a perpendicular distance northeast of 1.61 feet, passing the southeast corner of said 10.21 acre tract and the northeast corner of said 1.65 acre tract at an arc distance of 347.334 feet, passina the southeast corner of said 1.65 acre tract and the northeast comer of said 6.91 acre tract at an arc distance of 942.29 feet, for a total distance cf 1129.34 feet along the arc of a curve to the right, having a radius of 1492.69 feet. a central angle of 43020'56", and a chord bearing S a2` 05' 45" E. a distance cf 1102.60 feet to a'z inch iron rod with a cap stamped PBS&J, set at a point of tangency in the east line of said 6.91 acre tract and in the west line of said 50.52 acre tract; THENCE, S 200 25' 15" E, continuing with the east line of said 6.91 acre tract and the west line of said 50.52 acre tract, passing the south line of Joseph Fish Survey, abstract No. 232 entering into the Isaac Donagan Survey; abstract No. 178, passing the southeast corner of said 6.91 acre tract and the northeast comer of said 16.08 acre tract at a distance of 2237.61 feet. for a total distance of 2264.23 feet to a'. -z inch iron rod with a cap stamped PBS&J, set at a point of curvature in the east line of said 16.08 acre tract and in the west line of said 50.52 acre tract: THENCE, continuing with the east line of said 16.08 acre tract and the west line of said 50.52 acre tract, a distance of 396.02 feet along the arc of a curve to the left. having a radius of 5669.65 feet. a central angle of 4000'07, and a chord bearing S 22` 27 05" E, a distance of 395.94 feet to a Yz inch iron rod found monumenting a point of tangency in the east line of said 16.08 acre tract and in the west line of said 50.52 acre tract: THENCE. S 24° 24' 55" E. continuing with the east line of said 16.08 acre tract and the west line of said 50.52 acre tract, a distance of 233.93 feet to a '_ inch iron rod with a cap stamped PBS&J, set at a point of curvature in the east line of said 16.08 acre tract and the west line of said 50.52 acre tract: Q 27.47ACRES F.N. NO. 6524(JJC) WILLIAMSON COUNTY, TEXAS JULY 8, 2003 JOB NO. 440717.00 THENCE, continuing with the east line of said 16.08 acre tract and the west line of said 50.52 acre tract, a distance of 352.32 feet along the arc of a curve to the right, having a radius of 5789.65 feet, a central angle of 3°29'12", and a chord bearing S 22° 40' 55" E, a distance of 352.27 feet to a 1/2 inch iron rod with a cap stamped PBS8,J, set for a point of tangency in the east line of said 16.08 acre tract and in the west line of said 50.52 acre tract: THENCE, S 200 55' 42" E, continuing with the west line of said 16.08 acre tract. and the west line of said 50.52 acre tract, the west line of Amended Wood Ranch, Section One, a subdivision of record in Cabinet K, Slide 265, of the Plat Records of Williamson County, Texas. and a west line of said Wood Ranch, Section Five, a subdivision recorded in Cabinet K, Slide 269. of the Plat Records of Williamson County, Texas, a passing distance of 764.08 feet, to a 1/2 inch iron rod found monumenting the southwest corner of said 50.52 acre tract and the northwest corner of Lot 13, of Said Amended Wood Ranch, Section one subdivision, a passing distance of 1338.03 feet, a perpendicular distance west of 0.39 feet to a 1/2 inch iron rod found monumenting the southwest comer of Lot 12 of said Amended Wood Ranch, Section One subdivision and the northwest comer of Lot 11, of said Amended Wood Ranch, Section One subdivision, a passing distance of 2734.04 feet, a perpendicular distance west of 0.14 feet to a 1/2 inch iron rod found monumenting the southwest corner of Lot 6, of said Amended Wood Ranch, Section One subdivision, and the northwest comer of Lot 5, of said Amended Wood Ranch, Section One subdivision, a passing distance of 2859.25 feet to a 'h inch iron rod found monumenting the southwest comer of Lot 5 of said Amended Wood Ranch, Section One subdivision and the northwest comer of Lot 4, of said Amended Wood Ranch. Section One subdivision, a passing distance of 2984.25 feet, a perpendicular distance west of 0.17 feet to a ',/2 inch iron rod found monumenting the southwest comer of Lot 4, of said Amended Wood Ranch, Section One subdivision, and the northwest corner of Lot 3, of said Amended Wood Ranch. Section One subdivision, a passing distance of 3109.17 feet to a ? inch iron rod found monumenting the southwest corner of Lot 3 of said Amended Wcod Ranch. Section One subdivision and the northwest corner of Lot 2, of said Amended Wood Ranch, Sect.on One subdivision, a passing distance of 3233.86 feet to a 112 inch iron rod found monumenting the southwest comer of Lot 2 of said Amended Wood Ranch. Section One subdivision and the northwest corner of Lot 1. of said Amended Wood Ranch. Section One subdivision, a passing distance of 3358.83 feet to a './2 inch iron rod found monumenting the southwest comer of Lot 1 of said Amended Wood Ranch, Section One subdivision and the northwest corner of Lot 10, of said Wood Ranch. Section Five subdivision. a passing distance of 3484.00 feet to a 1/2 inch iron rod found monumenting the southwest corner of Lot 10. of said Wood Ranch, Section Five subdivision. and the northwest corner of Lot 91 of said Wood Ranch. Section Five subdivision, a passing distance of 3681.56 feet to a ?iz inch iron rod found monumenting the southwest corner of Lot 9, of said Wood Ranch, Section Five subdivision, and the northwest comer of Lot 8 of said Wood Ranch. Section l=ave subdivision, a passing distance of 3850.68 feet, a perpendicular distance east of 0.62 feet to a *�z inch iron rod found monumenting the southwest corner of Lot 8, of said Wood Ranch, Section Five subdivision, and the northwest comer of Lot 7, of said Wood Ranch, Section Five subdivision, a passing distance of 4019.69 feet, a perpendicular distance east of 0.16 feet to a ;z inch iron rod found monumenting the southwest corner of Lot 7, of said Wood Ranch, Section Five subdivision, and the northwest corner of Lot 6, of said Wood Ranch. Section Five subdivision, a passing distance of 4188.67 feet, a perpendicular distance east of 0.09 feet to a '.: inch iron rod found monumenting the southwest corner of -Lot 6. of said Wood Ranch, Section Five subdivision, and the northwest corner of Lot 5, of said Wood Ranch, Section Five subdivision, a passing distance of 4600.79 feet, a perpendicular distance east of 0.20 feet to a 1/2 inch iron rod found monumenting the southwest corner of Lot 4, of said Wood Ranch, Section Five subdivision, and the northwest corner of Lot 3, of said Wood Ranch, Section Five subdivision, a passing distance of 4828.65 feet to a',/2 inch iron rod found monumenting the southwest corner of Lot 2, of said Wood Ranch, Section Five subdivision, and the northwest corner of Lot 1, of said Wood Ranch. Section Five subdivision. for a total distance of 4858.36 feet to an angle point in the east line of said 16.08 acre tract and an angle point in the west line of Lot 1, of said Wood Ranch, Section Five subdivision: THENCE. S 56= 39' 49" E. continuing with the east line of said 16.08 acre tract and the west line of said Wood Ranch. Section Five subdivision. a distance of 81.18 feet to a ..0 inch iron rod found monumenting the southeast corner of said 16.08 acre tract and the southern most westerly corner of Lot 1. of said Wood Ranch, Section Five subdivision. from which a ;'z inch iron pine found monumenting the southeast corner of Lot 1. of said Wood Ranch. Section Five subdivision bears N 87,40'31' E. a distance of 345.88 feet: 27.47ACRES WILLIAMSON COUNTY, TEXAS F.N. NO. 6524(JJC) JULY 8, 2003 JOB NO. 440717.00 THENCE, S 870 40'31" W, departing the west line of said Wood Ranch, Section Five subdivision, with the south line of said 16.08 acre tract, also being the north right-of-way of State Highway 29, a distance of 171.86 feet to a point of curvature in the south line of said 16.08 acre tract; THENCE, a distance of 54.74 feet along the arc of a curve to the right, having a radius of 5679.65 feet, a central angle of 0033'08", and a chord bearing S 880 01' 19" W, a distance of 54.74 feet to the POINT OF BEGINNING of the herein described tract, and containing 27.47 acres of land. Survey Sketch accompanies and is a part of this description. THE STATE OF TEXAS) ) KNOW ALL MEv BY THESE PRESENTS: COUNTY OF TRAVIS ; That 1, Jeffrey J. Curci, a Registered Professicnal Land Surveyor, do hereby certify that the description herein was determined by a survey made on the ground during June 2004 under my supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 8th day of Juiy 2004 A.D. PBS&J 206 Wild Basin Road Suite 300 Austin, Texas 78746 No. 5515 -State of Texas Page 5 of 9 5516 ass% 3UP VICINITY i LAKE GEORGETOWN 33 I �T VGABRIE 2 AREA OF y DESCRIPTION \ �� 0 0 GEOR 9 - UNIVERSITY AVE Q. GA IEL h NOTES: 1. BEARINGS AND DIRECTIONAL CONTROL BASED ON THE trXAS STATE PLANE COORDINATE SYSTEM. (NAO83) CENTRAL ZONE (4203). 2. THIS SURVEY PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. LEGEND: 4 IRON ROD FOUND Q4" UNLESS NOTED) 0 )4" IRON ROD SET WITH CAP I 58,131 STAMPED "PBS&J" 0 IRON PIPE FOUND (SIZE NOTED) 0 CONCRETE MONUMENT FOUND 0. NAIL FOUND ' P.RA4.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TX O.R.W.C.T. DEED RECORDS OF WILUAWSO0N COUNTY, TX O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TX P.0.8, POINT OF BEGINNING ( } DEED CALLS, IF ANY LINE TABLE LINE �-LENGTH I BEARING_ U I 58,131 N33"36'19'E 11 1) Cl 58.161 N33.33'E L2 236.35 N2402271'W 'L2)233.931 34502 5669.65 N24'22W L3 179.021 N63046148V L4 128.61 N68'56'47'E N22"2528'V7 L5 !80.02 S63'46200E L6 2,33.931 S2402455'E 26111 0 233.93 S24.22'E L781.18 N21'04W S56'3949'E 17) 1038.80 81.19 4362133' S56'36t• L8 171.861 587.4031"N 18 171.86 r S87041W CURVE TABLE CURVE LENGTH RADIUS CEN. ANGLE I CH. BRG, CHORD Cl 34275 5669.65 3.2749' I NV 0432r17 I 34270 (C1) 34502 5669.65 N22'38W 344.97 C2 404.18 5789.65 4400voo N22"2528'V7 41.10 (C2A) 26114 5789.65 A0005W 26111 (C2B) 142.96 5769.65 N21'04W 14295 C3 1038.80 137269 4362133' N42.05410W 1014.19 43A) 186.271 1372.69 N24.15'W 186.13 (C3B) 601.911 137269 1 N40842W 597.10 (C3C) 137269 N66'39W 63536 C4 -r>4l.t8l 598.33 1492.84 22.5751' N52.41'59"W 1 594.331 C5 505.89 1372.83 21006149' S5303730'E 503.03 C6 1129.34 149269 43.2056' S42'0545'E 1102601 (C6A) 771.78 149269 S6.5 1,7,E 763.221 (C68) 594.951 149269 S38'59'E 591.031 (C6C) 187.55 f49269 S23.58'E 187.431 C7 396.02 5669.65 4000107' S22'2705'E 395.94 (C7) 395.81 5669.65S22'22 E 395.73 C8 352.32 5789.65 3.29'f2' S22.40'55'E 352.271 (C8) 35232 5789.65S22'38'E 352.271 C9 54.74 5679.65 0'33'08' S68.0119'W 54.74 (C9) 54,74 5679.65 S87'58W 54.74 )HAWING to ACCOMPANY 1=1Ei.DWTE No. 6524 6604 BPADCO PONT PARKWAY SUM 4200 Awam . TPE(AS 70730-6m pw (3117 327 - 6640 SKETCH TO ACCOMPANY FIELD NOTES SHEET 27.47 ACRES OF R.O.W. 6 D8 WOOD ROAD 9 _ WILLIAMSON COUNTY, TEXAS PA40717r00 "? Ni,ED i ! WOCO P,ANCK SUED. 208 1 jAMEIIGEL 1. Z�1�7rt\l ONE 3 uU U CAE. K, SLG. 255 Ati1E14DE0 cT r P R ':a' -C. WOOD RANCH SECTION THREE \ CAB. L. SLD. 205 e P.R.'N.C.T. n n cp rP v=:Mbk'jc� / ••� i�� Pr. Vr.. .3004 zoo' 100 � �• si GRAPHIC SCALE I" = Soo' a I 1 8 N8T40'31"E` 345.88' P.O.H. )RAYING ;o ACCOMPANY iEL DNGTE '!o. 0524 SKETCH TO ACCOMPANY FIELD NOTES SHEET 6604 0/9>OE row P.w woky 27.47 ACRES OF R.O.W7 . ^� ��DB WOOD ROAD 67�p-6001 g °"' =' " °°`° WILUAMSON COUNTY, TEXAS P 440PLAT 7.00 i 7 LCL._ A. J =-D 1 8 N8T40'31"E` 345.88' P.O.H. )RAYING ;o ACCOMPANY iEL DNGTE '!o. 0524 SKETCH TO ACCOMPANY FIELD NOTES SHEET 6604 0/9>OE row P.w woky 27.47 ACRES OF R.O.W7 . ^� ��DB WOOD ROAD 67�p-6001 g °"' =' " °°`° WILUAMSON COUNTY, TEXAS P 440PLAT 7.00 LCL._ 1 8 N8T40'31"E` 345.88' P.O.H. )RAYING ;o ACCOMPANY iEL DNGTE '!o. 0524 SKETCH TO ACCOMPANY FIELD NOTES SHEET 6604 0/9>OE row P.w woky 27.47 ACRES OF R.O.W7 . ^� ��DB WOOD ROAD 67�p-6001 g °"' =' " °°`° WILUAMSON COUNTY, TEXAS P 440PLAT 7.00 Exhibit B RAP AREA &M Legend Oaks II & Various ROW's Voluntary Annexation N I. I i I �.._., Sudduth Drive Inner Loop NE /- , (- r p, 4 i Inner Loop East _ s D. B. Wood Inner Loop 1 !i - - -. ,- a ,- _-. :-•. ,. - .,, -. - '.. !1 CR 265 - L) It _z Legend Oaks II Subdivision ST I Legend City of Georgetown City Limits Inner Loop East Planning and Development Services Division: Draft Cartographic Data for Planning Purposes Only FEBANNEXATIONS 71, Inner Loop NE November 2 2005 Area Legend Oaks II Subdivision y CR 265 G;;;/ Sudduth Drive u �5 D B. Wood Inner Loop Parcels Miles M e " j 0 i� I. INTRODUCTION EXHIBIT C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN ANNEXATION AREA: D.B. WOOD ROAD RIGHT OF WAY COUNCIL DISTRICT NO. 3 DATE: DECEMBER 23, 2005 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 "A" to this Service Plan, which is referred to as "D. B. Wood Right of Way". 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 November 8, 2005 and November 22, 2005 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 21/z years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41% vears from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. o � 103 exhibol# Annexation Service Plan for D.B. Wood Road Right of Way Page 1 of 10 Voluntary Annexation El 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 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 — % ! Annexation Service Plan for D.B. Wood Road Right of Way Page) of 10 Voluntary Annexation standards contained in the UDC or referred to therein have not been complied with in full. a. 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. 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. 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. OADo 9005mJ03 Annexation Service Plan for D.B. Wood Road Right of Way Pa,e 3 of 10 Voluntary Annexation 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 4112 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 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. O&DO 0 �103 eAAPJ*Jt C Annexation Service Plan for D.B. Wood Road Right of Way Page 4 of 10 Voluntary Annexation J 3. Water and Wastewater Capital Improvements Schedule — Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2'/2 years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/2years from the effective date of annexation and will be substantially complete within 4 1/z years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's 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 ® -1 Annexation ervice Plan for D.B. Wood Road Right of Way Page 5 of 10 Voluntary Annexation 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. 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. e �1 i l � Annexation Service Plan for D.B. Wood Road Right of Way Page 6 of 10 Voluntary Annexation In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the 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 Ih-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 ft > )' Annexation Service Plan ror D.B. Wood Road Right of Way Page 7 of 10 Voluntary Annexation other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the 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 improvements shall be planned, designed, constructed, operated and maintained such that: oApo `" d t Annexation Service Plan for D.B. Wood Road Right of Way Page g of 10 Voluntary Annexation 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. 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. Interest free for first three years, b. Interest at T -Bill rate for remaining seven years, 3. If option not exercised in ten-year period, guarantee for capacity expires, 9 •1 & :Annexation Service Plan for D.B. Wood Road Right of Way Passe 9 of 10 Voluntary Annexation 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 for D.B. Voluntary Annexation Pale 10 of, 10