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