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HomeMy WebLinkAboutORD 2004-57 - ANX Georgetown Village Sect 5ORDINANCE NO. `51 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 16.2540 ACRES, MORE OR LESS, IN THE LEROY B. LORD 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 laws of the State of Texas and the City Charter, Section 1.06, annex areas as allowed by State law; and WHEREAS,. the 16.2540 acres, more or less, in the Leroy B. Lord Survey, commonly known as Georgetown Village Section 5, contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, the provisions of Subchapter C, Chapter 43 of the Texas Local Government Code do not apply to the property annexed hereby inasmuch as Section 43.052(h)(1) of the Texas Local Government Code exempts areas that contain fewer than 100 separate tracts of land onwhich one or more residential dwellings are located on each tract from such requirements; and ms. WHEREAS, the Georgetown City Council approved a resolution regarding the annexation process on July 13, 2004; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on August 10, 2004, and August 24, 2004; and WHEREAS, all of the hereinAescribed property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and WHEREAS, all prerequisites of state law and the City Charter have been complied with. 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: Ordinance No. aOO • 57 Annexation of 16.2540 Acres, Georgetown Village Section 5 Page 1 of 2 I.. Policy Statement. Citizens of Georgetown experience a stable, self-sustaining economy with expanding job opportunities. 2. Policy Statementb Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 3. Policy Statement: Citizens, business owners and organizations enjoy the benefits of well-planned land usage in which conflicting needs are balanced, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown hereby annexes: 16.2540 acres, more or less, in the Leroy B. Lord Survey, as described in Exhibit of this ordinance, and shown on Exhibit B of this ordinance. Exhibit C contains the service plan for the property. SECTION 3. The 16.2540 acres, more or less, in the Leroy B. Lord Survey, as described in Exhibits A and B of the is ordinance, is included in City Council District 4, as, it is adjacent to Council District 4 and no other City Council Districts, SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5, if any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall -not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 14`h dayof September 2004, PASSED AND APPROVED on Second Reading on the day oferf 2004. ATTEST:'' Sandra D. Lee City Secretary APPROVED AS TO FORM: A 4'�tT utS Patricia E. Carls, City Attorney Ordinance No. "0qm Annexation of 16.2540 Acres, Georgetown Village Section 5 Page 2 of 2 THE CITY OF GEORGETOWN: Mayo Nelon EXHIBIT A 16.2540 Acres Page t STATE OF TEXAS § § COUNTY OF TRAVIS § Lord Survey No, 407 February 28, 2001 00511.10 FIELDNOTE DESCRIPTION of a 16.2540 acre tract of land out of and a part of the Leroy B. Lord Survey Abstract No. 407, Williamson County, Texas, being a portion of that 8.059 acre tract and a portion of that 10.074 acre tract, conveyed to Shell Ranch Development, Inc., by deed of record in Document No. 2000074259 the Official Public Records of Williamson County, Texas; said 16.2540 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a %z" iron rod with plastic cap stamped "Capital Surveying Co. inc." found for the northeasterly corner of Village Commons Boulevard, (right-of-way varies) dedicated by plat in Shell Ranch,.Section One, a subdivision of record in Cabinet O, Slides 364 through 367 of said Plat Records, from which, a %z" iron rod with plastic cap stamped "Capital` Surveying Co. Inc." found for the northeast corner of Lot 1, Block "A" bears N73°24'28"W, a distance of 60.00 feet; THENCE, with the northerly line of Lot 1, Block "A", of said Shell Ranch, Section One, leaving the said easterly right-of-way line of Village Commons Boulevard, the following seven (7) courses; 1} N73°24'28"W, a distance of 390.02 feet to a %z" iron rod found; 2) N81°59'40"W, a distance of I32.88 feet to a %z" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; 3) S80°49'5TV, a distance of 132.88 feet to a %z" iron rod found with plastic cap stamped "Capital Surveying Co. Inc.". 4) S63039'34"W, a distance of 132.88 feet to a 1:2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc.", 5) S55004'23"W, a distance of 103.97 feet to a i" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; 6) S49040'57"W, a distance of 149.37 feet to a %i" iron rod found; 7) S38054'05"W, a distance of 149.37 feet to a %z" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; THENCE, S28007113"W, at a distance of 149.37 feet pass the most westerly corner of said Lot 1, Block "A", Shell Ranch, Section One,. for a total distance of 160.69 -feet to a %z" iron rod with plastic cap stamped "Capital Surveying Co. Inc." on the north line of Lot 22, Block "D" of Shell Ranch, Section Two -A, a subdivision of record in Cabinet P, Slides 211 through 214 of said Plat Records; THENCE, with the easterly and northerly line of said, Shell Ranch, Section Two, the following seven (7) courses; I) N69000'51"W, 96.65 feet to a %x" iron rod found for a point of curvature of a curve to the left; 2) With the said curve to the lent having a central angle of 28°09'17", a radius of 65.00 feet, a chord distance of 31.62 feet (clwrd bears N 17°46'33"W), for an are distance of 31.04 feet to a 1/211 iron rod found with plastic cap stamped "Capital Surveying Co. file." for a point ofcompound curvature of curve to the right; 16,2540 Acres Leroy B. Lord Survey No. 407 Page 2 February 28, 2001 - 00511.10 3) With the said curve to the right having a central angle of 56014136", a radius of 20.00 feet, a chord distance of 18,85 feet (chord bears NO3043'54"W), for an arc distance of 19.63 feet to a %2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc." for the point of compound curvature of a curve to the right; 4) With the said curve to the right having a central angle of 14°34'01", a radius of 922.00 feet, a chord distance of 233.78 feet (chord bears N3I*40'25"E), for an arc distance of 234.41 feet to a'/2" iron rod found for an angle point; 5) N51002'35'"W, 56.00 feet to a %2" iron rod found for an angle point; 6), N66015747"W, 300.70 feet to a %2" iron rod found for an angle point; ' r 7) S70000159"W, 1.96.42 feet to a•%2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc." for the northwest corner of said Shell Ranch, Section Two; THENCE, leaving the nbrtherly line of said Shell Ranch, Section Two, with the easterly line of Lot 17 of Chaparro Estates, a subdivision of record in Cabinet D, Slide 276 of said Plat Records, for the following five (5) courses: 1) N05058'02"W, 136.65 feet to a 60d nail found in a 12" cedar•, 2) N000517441fW, 34.04 feet to a %2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; 3) NO2027106"E, 47.03 feet to a %2" iron rod found with plastic cap stamped "Capital - Surveying Co. Iric.' . 4) N0101214612E, 118.40 feet to a %2'"iron rod found with plastic cap stamped "Capital r. Surveying Co. Inc."; 5) N01018154"W, 12.76 feet to a ii" iron rod found with plastic cap stamped 'Capital Surveying Co. Inc." for the southwest corner of that 24.523 acre tract conveyed to Shell Ranch Development, Inc. as recorded in Document No. 2000055703 of the Official Public Records of Williamson County, Texas; THENCE, N46°22'21 "E with the southeasterly line of said 24.523 acre tract a distance of 437.77 feet to a %2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; THENCE, leaving the southeasterly line of said 24.523 acre tract and crossing through the said 10.074 acre tract the following two (2) courses: 1) S52048'5211E, 120.70 feet to a''/2" iron rod; 2) S66031'59"E, 88.96 feet to a ;4" iron rod found with plastic cap stamped "Capital Surveying Co. Inc. ", on the southwesterly line of the remainder of 195.137 acre tract conveyed to Joy Shell Adkins as recorded in Volume 1872, Page 708 of the Deed Records of Williamson County, Texas, said line also being the northerly line of said 10.074 acre tract; THENCE, S54050'39"E, with the said common line, a distance of 117.30 feet to a %2" iron rod found with plastic cap stamped "Capital Surveying Co. Inc."; THENCE, S28012'03"E, crossing through the said 10.074 acre tract, at a distance of 175.79 feet pass the most northerly southeast line of said 10.074 acre tract the same being the most westerly northwest line of the said 8.059 acre tract, for a total distance of 301.25 feet to a %2" iron rod found for a point of curvature of a curve to the right; THENCE, continuing across the said 8.059 acre tract, the following four (4) courses: 16.2540 Acres Leroy B. Lord Survey No. 407 Page 3 February 28, 2001 00511.10 1) With the said curve to the right having a central angle of 0105113711, a radius of 498.00 feet, a chord distance of 16.17 feet (chord bears N62043'03"E), for an arc distance of I6.17 feet to a %2" iron rod found for the point of tangency; 2) N63°39'34"E, for a distance of 105.69 feet to %2" tion rod found for a point of curvature of a curve to the right; 3) With the said curve to the right having a central angle of 12046157", a radius of 628.00 feet, a chord distance of 139.81 feet (chord bears N70°03'03"E), for an arc distance of 140.10 feet to a !2" iron set with plastic cap stamped "Capital Surveying Co. Inc." for an angle point; 4) N1303312911W, for a distance of 128.65 feet to '/2" iron rod with plastic cap stamped "Capital Surveying Co. Inc." for a point of curvature of a curve to the right, on the north line of said 8.059 acre tract, the same being the southerly line of said remainder of 195.137 acre tract; - 4 . THENCE, with the said curve to the right having a central angle of 29007' 121, a radius of 781.00 feet, a chord distance of 392.68 feet (chord bears S87058'04"E), for an arc distance of 396.94 feet to a %2" iron rod found for the point of tangency; THENCE, S73024'28"E with the said common line, a distance of 391.72 feet to a %2" iron rod set with plastic cap stamped "Capital Surveying Co. Inc.' ; THENCE, S16035'32"W, leaving the south line of said remainder of 195.137 acre tract; with the east line of said 8.059 acre tract, a distance of 331.00 to the POINT OF BEGINNING, CONTAINING within these metes and bounds 16.2540 acres of land area. That I, Gregory A. Way a Registered Professional Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS W HAND AND SEAL at Austin, Travis County, Texas, this the Ma day of _ 2001. F40 i �?z,OM s : Fge**1 Q ° v' ............................... GREGORY A. WAY po 4567 �T q GREGORY A. WAY . S'q �. Fss ;°� y0 Registered Professional Land Surveyor 8t1R No. 4567 - State of Texas 112 :fi.i 115 rt, If 132 128 383 124 379 120 375 376 116 371 112 it Legend j �f Annexation Area li Parcels i_ City Limits .s — Streets Exhibit B 16.2540 Annexation Area Georgetown Village Section 5 Annexation Area Georgetown Village Section 5 Georgetown Village N City of Georgetown Planning and DevelopmentS ervices Division: DraftC artographic Data for Planning Purposes Only July 1, 2004 0 125 250 Soo Feet Exhibit C City of Georgetown Municipal Service Plan Introduction: The City initiated involuntary annexation proceeding to annex 16.2540 acres, more of less, out of the Leroy B. Lord Survey, into the City of Georgetown. The property is located 0.8 miles east and north of the intersection of Williams Drive and Shell Road and will adjoin the present City limits. A legal description of the property is attached. The area is a developed section of Georgetown Village. At this time there are 29 various property owners on 54 lots in Georgetown Village Section 5. This annexation is being completed as a City -initiated exempted annexation per Chapter 43.052(h)(1) of the Texas . Local Government Code, Georgetown Village Section 5 contains . fewer than 100 separate tracts of land, of which one or more residential dwellings are located on each tract. The topography is similar to the property in the area of Georgetown Village and Shell Ranch. This service plan has .been prepared in accordance with Section 43.056 of the Texas Local Government Code, NOTE; This annexation was initiated in accordance with Section 43.052(h)(1) of the Texas Local Government Code. Capital Improvements have been completed to the Service Area under the provision of the Georgetown Village Concept Plan, and consistent with requirements of Section 43.056(e) 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 % years following the date of annexation, unless otherwise specified below: I. Police Protection A) Existing services:. None B) Services to be provided: Police protection personnel and equipment from the city police department shall be provided to the annexed area, beginning on the effective date of the annexation ordinance, and shall be provided at the same level of service as currently provided throughout the city. C) Animal control services will be provided in the area when requested. Sections, Georgetown Village, 16.2540 Acre Annexation I 1 II. Fire Protection (Includine Emereencv 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: Completed in accordance with the development process, concept plan and PID. B) Services to be provided: same. IV. Water Service in the Service Area of the City A) Existing services: Connection in accordance with the development process, concept plan and Georgetown Village PID. B) Services to be provided: Connection in accordance with the development process, concept plan and Georgetown Village PID. V. Sanitary Sewer Service A) Existing services: Connection in accordance with the development process, concept plan and PID. B) Services to be provided: Connection in accordance with the development process, concept plan and PID. VI. Maintenance of Roads and Streets A) Existing services: Completed in accordance with, the development process, concept plan and PID. B) Services to be provided: Street maintenance and other street services shall be provided to the annexed area on the same basis and at the same level as provided throughout the city. VII. Parks and Recreation A) Existing services:. None B) Services to be provided: All of the city parks and recreational facilities shall be available for use by residents of the annexed area, beginning on the effective date of the annexation ordinance. VIII. Library Service A) Existing services: City library facilities are presently available at non-resident fee basis. B) Services to be provided: All of the city library facilities shall be available for use by residents of the annexed area, at no cost beginning on the effective date of the annexation ordinance. Sections, Georgetown Village, 165.2540 Acre Annexation 2 IX. Street Lighting A) Existing services: Completed in accordance with the development process, concept plan and PID. B) Services to be provided: same. X. Traffic Engineering A) Existing services: Completed in accordance with the development process, concept plan and PID. B) Services to be provided: Similar traffic engineering will be provided to annexed areas as is currently being provided to other areas of the city. XI. Planning and Zoning A) Existing services: Completed in accordance with the development process, concept plan and PUD. 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. The property shall be zoned Residential Single Family (RS), subject to the Georgetown Village Planned Unit Development Concept Plan, last revised on March 28, 2000, XII. Storm Drainage (Including Flood Plain Regulations . A) Existing services: Completed in accordance with the development process, concept plan and PID. B) Services to be provided: Similar storm drains will be provided as is currently being provided to other similar areas of the city in on the same basis and at the same level as provided throughout the city. XIII. Building Inspection - Code Enforcement A) Existing Services: Completed in accordance with the development process, concept plan and PID. B) Services to be provided: On the effective date of the annexation ordinance, building inspection personnel and equipment from the city building inspection department shall be provided to the annexed area. On the effective date of the annexation ordinance, all building permits and related construction permits will be issued in accordance with existing city ordinances resolutions, regulations, and building codes. On the effective date of the annexation ordinance, on site inspection services of new construction will be provided. On the effective date of the annexation ordinance, the Planning and Development Department will provide consultation with the developers concerning site plans and building code requirements. XIV. Miscellaneous All other applicable municipal services will be provided to the area in accordance with policies established by the City. Section5, Georgetown Village, 16.2540 Acre Annexation 3 XV. Capital Improvements The construction of any such improvements shall be in accordance with the terms of this service plan, which 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. XVI. 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. XVII. Fiscal Analysis 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. XVIII. Term This service plan shall be valid for a term of ten (10) years. XIX. Amendments This plan shall not be amended unless public hearings are held in accordance with Section 43.0561 of the Texas Local Government Code. Section5, Georgetown Village, 16.2540 Acre Annexation 4