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HomeMy WebLinkAboutORD 2004-36 - ANX River Chase IIORDINANCE NO. 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 57.141 ACRES, MORE OR LESS, IN THE JOHN PULSIFER 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 \w ing 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 areas proposed for annexation are 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, t pus 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, c; A WHEREAS, the Georgetown City Council approved a resolution granting the petition on March 9, 2004; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on March 9, 2004, and March 23, 2004; 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 cornplied with; Ordinance . r Page of 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 pari 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 econorric 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 are Policies, as required force and by Section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 2, The City Council of the City of Georgetown hereby annexes: 57.141 acres, more or less, in the John Pulsifer Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance, which contains the property descriptions for the tracts. Exhibit C contains the service pian. SECTION 3. The 57.141 acres, more or less, in the John Pulsifer Survey, as described in Exhibit A of the is ordinance, is included in City Council District 3, as it is adjacentto Council District 3 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 tc 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 13th dayof April 2004.l, PASSED AND APPROVED on Second Reading on the lldayof " ,. Ordinance No. Annexation of 57.141 Acres, River Chase II Page 2 of 3 ATTEST: y I andra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No. Annexation of 57.141 Acres, River Chase 11 Page 3 of 3 THE CITY OF GEORG By -Te DOLL Svn Mayor - r N: DESCRIPTION OF A 57.141 ACRE TRACT OR PARCEL OF LAND OUT OF JOHN PULSIFER SURVEY, ABSTRACT NO. 498, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT 57.141 ACRE TRACT CONVEYED TO ROBERT D. WUNSCH, TRUSTEE, BY DOCUMENT NUMBER 200008432=1 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN CONCRETE, FOR THE NORTHWEST CORNER OF LOT 5, BLOCK A. RIVER CHASE SUBDIVISION, RECORDED IN CABINET Q, SLIDES 186-192 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TRAVIS AND IN THE EAST LINE OF A 50.52 ACRE TRACT CONVEYED TO AVANT IN VOLUME 2334, PAGE 548, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS, SAME BEING THE SOUTHWEST CORNER OF SAID 57.141 ACRE TRACT AND THE SOUTHWEST CORNER HEREOF; THENCE ALONG THE COMMON LINE BETWEEN SAID AVANT TRACT AND SAID 57.141 ACRE TRACT, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: 1) N19 °36'50"W, A DISTANCE OF 46.64 FEET TO A 1;2" IRON ROD FOUND FOR AN ANGLE POINT HEREOF; 2) N20000'19"W, A DISTANCE OF 848.54 FEET TO A 1/2" IRON ROD FOUND FOR AN ANGLE POINT HEREOF; 3) N 19°43'06"W7 A DISTANCE OF 618.67 FEET TO A SURVEYOR'S CAP (INTERSTATE SURVEYING, INC.) HEREOF: 4) N19'305106 W. A DISTANCE OF 396.73 FEET TO A SURVEYOR'S CAP (INTERSTATE SURVEYING, INC.) HEREOF: AND 1`2" IRON ROD WITH PLASTIC SET FOR AN ANGLE POINT l�`2" IRON ROD WITH PLASTIC SET FOR AN ANGLE POINT 5) NI 800510611W, A DISTANCE OF ''14.10 FEET TO A CALCULATED POINT IN THE MIDDLE FORK OF THE SAN GABRIEL RIVER AND IN THE SOUTH LINE OF OAK CREST RANCHETTES SUBDIVISION OF RECORD IN CABINET B, SLIDES 150-152, OF THE PLAT RECORDS OF WILLIANISON COUNTY, TEXAS, FOR THE NORTWEST CORNER HEREOF; THENCE ALONG THE COMMON LINE OF SAID OAK CREST RANCHETTES, SAID 57.141 ACRE TRACT AND UP THE MIDDLE FORK OF THE SAN GABRIEL RIVER, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES: 1) N26052'40"E, A DISTANCE OF 156.54 FEET TO A CALCULATED POINT FOR AN ANGLE POINT HEREOF; 2) N66017'11"E, A DISTANCE OF 100.23 FEET TO A CALCULATED POINT FOR AN ANGLE POINT HEREOF; 3) N78°39'35"E, A DISTANCE OF 411.27 FEET TO A CALCULATED PONT FOR AN ANGLE POINT HEREOF; 4) S8601=1'54"E, A DISTANCE OF 345.25 FEET TO A CALCULATED POINT FOR AN ANGLE POINT HEREOF: �) S57° its' 1 S"E, A DISTANCE OF 12 3.02 FEET TO A CALCULATED POINT FOR AN ANGLE PONT HEREOF; 6) S48°25'39"E, THE COMMON LINE OF SAID RIVER CHASE A DISTANCE OF 69.43 FEET TO A CALCULATED PONT FOR AiN .ANGLE ACRE PONT HEREOF; 7) S3002T58"E, A DISTANCE OF 477.74 FEET TO A CALCULATED PONT FOR AN ANGLE POINT HEREOF; 8) S22040145"E, A DISTANCE OF 66.19 FEET TO A CALCULATED PONT FOR AN ANGLE PONT HEREOF; 9) S37°39'41"E, A DISTANCE OF 572.56 FEET TO A CALCULATED POINT FOR AN ANGLE PONT HEREOF; 10) S31°25'23"E, A DISTANCE OF 219.05 FEET TO A CALCULATED PUNT FOR AN ANGLE POINT HEREOF: AND 111 S25°21'01"E, A DISTANCE OF 175.10 FEET TO A CALCULATED PONT FOR AN A NGLE PONT N LOT 1 OF SAID OAK CREST RANCHETTS FOR AN ANGLE PONT HEREOF: THENCE S03°40'27"E, CONTINUING ALONG THE COMT%dION LINE OF SAID LOT 1, OAK CREST RANCHETTES AND SAID 57.141 ACRE TRACT, PAST THE SOUTHWEST CORNER OF SAID LOT 1, OAK CREST RANCHETTES AT 2 L20 FEET, ? LONG THE COMMON LINE OF A 12.84 ACRE TRACT CONVEYED TO PRICE IN VOLUT�IE 2477, PAGE 240, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNvTY, TEXAS, ANTU SAID 57.141 ACRE TRACT, FOR A TOTAL DISTANCE OF 65.40 FEET TO A CALCULATED PONT FOR AN ANGLL cOINT HEREOF; THENCE ALONG THE COMMON LINE OF SAID 12.84 ACRE TRACT AND SAID 57.141 ACRE TRACT, THE FOLLOW LNG TWO (2) COURSES AND DISTANCES: 1) S24059'52"E, A DISTANCE OF 173.01 FEET TO A CALCULATED POINT FOR AN ANGLE PONT HEREOF; AND 2) S07022'59"W, A DISTANCE OF 209.37 FEET TO A DRILL HOLE .IN ROCK FOUND FOR THEN NORTHEAST CORNER OF LOT 1, OF SAID RIVER CHASE SUBDIVISION AND THE SOUTHEAST CORNER OF SAID 57.141 ACRE TRACT, FOR,THE SOUTHEAST CORNER HEREOF; THENCE ALONG THE COMMON LINE OF SAID RIVER CHASE SUBDIVISION AND SAID 57.141 ACRE TRACT, THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: 1) S81 °36'04"W, A DISTANCE OF 214.75 FEET TO A 1/2" IRON ROD FOUND, FOR AN , I GLE POINT HEREOF; 2) N70° 16'09"W, A DISTANCE OF 143.37 FEET TO A 40d NAIL FOUND, FOR AN ANGLE POINT HEREOF; 3) N81058449"W, A DISTANCE OF 28.39 FEET TO A 1I2" IRON ROD FOUND, FOR AN ANGLE POINT HEREOF; 4) S83°31'59"W, A DISTANCE OF 44.50 FEET TO A 60d FOUND, FOR ANANGLE POINT HEREOF; 5) S70°24'03"W, A DISTANCE OF 200.82 FEET TO A 1J2" IRON ROD FOUND, FOR AN ANGLE POINT HEREOF; 6) S6705514411W, A DISTANCE OF 631.35 FEET TO A 60d FOUND, FOR AN ANGLE POINT HEREOF; AND 7) S480441261fW, A DISTANCE OF 65.10 FEET TO THE PONT OF BEGINNING, CONTAINING 57.141 ACRES OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. EXHIBIT B SITE ° cl a C a TEXAS STATE Rr �-- OUTE 29 b � Z RIVER CHASE 11 LOCATION MAP NTS EYHIBIT C City of Georgetown Municipal Service Plan Introduction Requests have been received from Robert D. Wunch, Trustee for Waterstone Development, to annex a 57.141 Acres, into the City of Georgetown. The property is located north of the existing River Chase Subdivision and SH 29, and east of Inner Loop/D.B. Wood Road and will adjoin the present City limits. A legal description of the property is attached. The area is undeveloped and there are no residential structures and no one residing on the property. The topography is similar to the property in the area of San Gabriel Estates Subdivision. 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, isnot reasonably expected to be completed within that period. In this case, wastewater service is not currently available to the annexed area, and such service will not be made available to the annexed area runless and until the City and the Owners (or their heirs or assigns) enter into a mutually acceptable Agreement to design, construct, and finance the capital improvements necessary to make municipal wastewater service available to the annexed area. The 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 2 %i years following the date of annexation, unless otherwise specified below: Annexation Service Plan Agreeinent, River Chase 11 1 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. 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 Citv A) Existing services: None B) Services to be provided: Water service is currently available in this area. Connection will be made through the City's development process. V. Wastewater Service A) Existing services: None B) Services to be provided: >No wastewater services are available to the annexed area and, without an Agreement between the City and the Owners (or their heirs or assigns), none can be provided within the time periods specified in Section 43.056(b) of the Texas Local Government Code, due to the location, size, and projected manner of development. No such service will be made available to the annexed area unless and until a mutually acceptable Agreement is entered into between the Owners and the City. If no such Agreement is entered into, then no wastewater service shall be provided to the annexed area. 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. Annexation Service Plan Agreement, River Chase 11 2 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: The city shall provide to the residents of the annexed area the same type services for placement of street lights that are currently provided to any other area of the city. X. Planning and Toning A) Existing services: None 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. Portions of the development already in the City are zoned Residential Single -Family (RS). Newly annexed territory shall be zoned Residential Single -Family (RS). XI. Building Inspection - Code Enforcement A) Existing Services: None B) Services to be provided: Ort; 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. Annexation Service Plan Agreement, River Chase 11 3 X1116 Utility SvstemCapital Improvements The construction of any utility system capital improvements shall be in accordance with the terms of the Agreement. The 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 Analvsis 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. XVIL Amendments This plan shall not be amended unless public hearings are held in accordance with Section 43.0561 of the Texas Local Government Code. XVIII. Attestation by Owners By our signatures below, each Owner and Petitioner of the annexed area hereby agrees and attests as follows: As is stated in Section 43.056(e) of the Texas Local Government Code, the City and the Owners agree that the develcninent project within the annexed area, because of its size or projected manner of development, will be subject to a Development Agreement in order to provide municipal wastewater service. The Petitioners understand that municipal wastewater service is currently not available in the area of the property to be annexed. Petitioners further understand and agree that provision of such municipal wastewater services to the annexed area would require substantial capital improvements that are not in the City's current or longi range Capital Improvements Plan. Therefore, Petitioners specifically agree that the City is not obligated to provide municipal wastewater service to the annexed area within the timeframes stated in § 43.056 of the Texas Local Government Code. Petitioners further agree that municipal wastewater service will only be provided to the annexed area if the City and the Petitioners enter into a mutually acceptable agreement providing for the design and construction of, and Annexation Service Plan Agreement, River Chase 11 4 payment for, the capital improvements required to be constructed in order to provide municipal wastewater service to the annexed area. :• gal City of Georgetown E. Carls, Brown & Claris, LLP City Attorney i a Texas limited •. i• By: RIVER CHASE COMPANY II, LLC., a Texas limited liability company, general partner By: � Robert D. Wunsch, President Annexation Service Ilan Agreement, River Chase II