HomeMy WebLinkAboutORD 2004-58 - ANX Rodgers TractORDINANCE 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 158.13 ACRES, MORE OR LESS, IN
THE WILLIAM ADDISON 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 writing
requesting annexation of the area; and
WHEREAS, the petition described the area by metes and bounds and was acknowledged in
the manner required for deeds by each person having an interest in the area; and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of the landowner if specific criteria are met; and
WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous
to the.City limits of the City of Georgetown, and are vacant.and without residents or have -fewer than
three qualified voters in residence, thus meeting the specific criteria in the State Statute; and
WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for
initial zoning of newly annexed territory, and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on July
27, 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 herein -described property lies within the extraterritorial jurisdiction of the
City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
Ordinance No. C?.0 041 5d
Annexation of 158.19 Acres, William Addison Survey, Rodgers Tract
Page 1 of 3
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: Citizens of Georgetown experience a stable, self-sustaining
economy with expanding job opportunities.
2. Policy Statement: Georgetown's natural and physical resources are managed so
that citizens enjoy the benefits of economic and social development.
3. Policy Statement: Citizens, business owners and organizations enjoy the benefits
of well-planned land usage in which conflicting needs are balanced.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
SECTION 2. The City Council of the City of Georgetown hereby annexes: 158.19 acres,
more or less, in the William Addison 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 158.19 acres, more or less, in the William Addison Survey, as described in
Exhibit A of the is ordinance, is included in City Council District 1, as it is adjacent to Council District'I
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"' day of September 2004.
PASSED AND APPROVED on Second Reading on thec 9 day of S rlV4
Ordinance No. =4" 5
Annexation of 158.19 Acres, William Addison Survey, Rodgers Tract
Page 2 of
A
ATTEST:
Sandra D. Lee
City Secretary
'APPROVED AS TO FORM:
Patricia E. Carts
City Attorney
Ordinance No.d.
Annexation of 158.19 Acres, William Addison Survey, Rodgers Tract
Page 3 of 3
THE CITY OF GEORGETOWN:
EXHIBIT A
FIELD NOTES
JENSEN/AUGUST 31, 20018013 No. 1395
Page 2 of 3
All that certain tract or parcel of land situated in Williamson County, Texas, out of the William Addison
Survey, Abstract No. 21 and being those trace described as First Tract (50.7 acres), Second Tract (1 acre),
Third Tract (17'1/2 acres), Fourth Tract (65.2 acres), Fifth Tract (36.9 acres), and Sixth tract (20 acres, more
or less) in a Deed granting an undivided three and one-half percent (3 'A%) interest to Alice Beth Rodgers,
dated December 16; 1974 and recorded in Volume 601, Page 202 of Deed Records Williamson County,
said First Tract, Second Tract, Third Tract, Fourth Traci, Fifth Tract, and Sixth tract being the same tracts
subsequently described in the following deeds, an undivided three and one-half pement (3 'h%) interest
granted to Alice Beth Rodgers, dated February 12, 1975 and recorded in Volume 604, Page 845 of said
deed records, an undivided three and one-half percent (3 h%) interest granted to Alice Beth Rodgers, dated
January 21, 1976 and recorded in Volume 627, Page 163 of said deed records, and an undivided eighty-nine
and one-half percent (89 ''A%) interest granted to Alice Bohn Rodgers, dated December 1, 1980 and _
recorded in Volume 817, Page 740 of said deed records, save and except the following two (2) tracts, 17.24
acres out of said Third Tract, and 0.58 acres granted to the State of Texas in a Right -of -Way Does dated
April 20, 1959 and recorded in Volume 430, Page433 and Rather described by metes and bounds as
follows:
BEGINNING at a'A" iron pin found in the East line of Farm to Market Highway No. 1460, an 80 -foot
right-of-way, for the called Southwest comer of that tract described as 236.41 acres in a Warranty Deed
granted to Georgetown Railroad Company, Inc., dated February 299 1988 and recorded in Volume 1638,
Page 369 of Official Records Williamson County, the occupied Northeast comer of said State of Texas
tract, and the Northwest corner of this tract;
THENCE: N 68'05' 16" E 661.81 feet with the South line of said Georgetown Railroad Company, Inc.
tract to a'A" iron pin set with a yellow plastic cap inscribed "CCC 4835" adjacent to the common Northeast
comer of said Second Tract and the Northwest comer of said First Tract, for an angle point of said
Georgetown Railroad Company, Inc. tract and this tract;
THENCE: continuing along the monumented Southeast line of said Georgetown Railroad Company, Inc.
tract in the following four (4) courses,
I. N 35002' 10" E 387.28 feet to a'A" iron pin found,
2. N 22055'50" E 91.93 feet to a'A" iron pin found,
3. N 33` 16'29" E 1987.11 feet to a'A" iron pin found adjacent to a called point in the West lime
of that tract described as 38.069 acres (Parcel No. 6) in a Special Warranty Deed granted to
the City of Georgetown, dated November 21, 1990 and recorded in Volune 1970, Page 497 of
said official records, said City of Georgetown tract formerly [mown as ttte Mixsowi, Kansas;
and Texas Railroad Co. right-of-way, for the called most Easterly Southeast carnet' of said
Georgetown Railroad Company, Inc. tract and,
4. N 32"24'49" E 55.93 feet with an offset of the West line of said City of Georgetown had to
a 'A" iron pin found with a 112" diameter aluminum cap inscribed "SDHPT PT NO 8233"
adjacent to the Northeast comer of said First Tract, for an angle point in the West lane of said
City of Georgetown tract, and the Northeast comer of this tract;
THENCE: along the monumented West line of said City of Georgetown tract in die following five (5)
courses,
1. S 28"09'08" E 1748.63 feet, this course being the basis for the bearings cited hereon,do a''/2"
iron pin found with a 1'/a" diameter aluminum cap insmined "SDHPT PT NO 8339" adjacent
to the Southeast comer of said First Tract,
2. offset S 69°05'00" W, at 38.36 fed crossing a wire fence, in, all 45;19 feet to a'A" iron pin
found with a I'A" diameter aluminum cap inscribed "SDHPT PT NO 8235" adjacent to the
Northeast comer of said Sixth Tract,
3. S 28"09'20" E 2888.97 feet to a %s" iron pin found with a 1'A" diameter aluminon cap
inscribed "SDHPT PT NO 8246", .
4. offset N 6159'03" E, at 22.90 feet crossing a wire fence, in all 45.07 feet to a Ya" iron pin
found with a I'/:" diameter aluminum cap inscribed "SDHPT PT NO 8247" and
5. S 28" 17102" E 95.69 feet to a '/2" iron pin found with a yellow plastic cap inscribed "CCC
4835" on the East side of a fence comer adjacent to the Southeast corner of said Sixth Tract
for the Northeast corner of that tract described as 66.74 acres in a Warranty Deed granted to
Harold M. Mickan, dated November 16, 1970 and recorded in Volume 531, Page 146 of said
deed records, and for the Southeast corner of this tract;
10
FIELD NOTES
1ENSEN/AUGUST 31t 2001/!OB No. 1395
Page 3 of 3
THENCE: along the most Easterly North Line of said Mickan tract in the following two (2) courses,
I. S 68°45'40" W, at approximately 833.33 feet crossing the common West line of said Sixth
tract and the East line of said Fifth tract, at approximately 1319.44 feet crossing the common
West line of said Fifth tract and the East line of said Fourth tract, in all 1688.88 feet to a Yr"
iron pin found with a yellow plastic cap inscribed "CCC 4835" on the South side of a 21 -inch
diameter bois d' arc and,
2. N 88"35106" W 129.11 feet to a %:" iron pin found with a yellow plastic cap inscribed "CCC
4835" on the Southwest side of a 19 -inch diameter hackberty, adjacent to Southwest corner of
said Fourth Tract, for an angle point of said Mickan tract and the Southwest corner of this
tract;
THENCE: along the most Southerly West line of this tract in the following three (3) courses,
1. N 20033'59" W 576.86 feet with the most Northerly East ihu of said Mickan tract to a 3/4"
iron pipe found on the West side of a fence cooter for the most Noirtherfy Northeast corner of
said Mickan tract and the Southeast comer of that toad &6cdbed as 26.00 arses in a Warranty
Deed granted to LIN Television of Texas, L.P., dated August 12, 1999 and recorded as
Document No. 199955597 of said official records,
2. N 20°22' 13" W 979.02 feet with the East line of said LIN Television of Texas, L.P. tract to a
K" iron pin found adjacent to the Southeast corner of said Third Tract for the Northeast corner
of said LIN Television of Texas. L.P. tract and,
3. N 20"22t 13" W 1313.26 feet adjacent to the cornet East line of said Third tract and the
West line of said Fourth Tract to a'A" iron pin set with a yellow plastic cap inscribed "CCC
4835" for an interior comer of this tract;
THENCE: along the most Westerly South line of this tract in the following four (4) coterses,
t1-59 feet across saidThirdTract to a Y2" iron pin found on the Northeast
calledside of a fence comer, adjacent to the Northwest comer of said Third Tract, in the
line of that tract described as 9.69 e.. granted , RobeC. rt -tas
dated t Y t .. ♦ e Volu457, me 3 15 1 . Y...\ .4 t• •r 1
000tinutingwith the Eastline ofsaidWilliarnsoct1.
2. S 7 1 *07*34" W 47.71 feet to a wood fence post adjacent to the Southwest comer of saild I=
Tract, a 1�" iron pin set on the Northeast side of said knec post with a ycllow plastic cap
inscribed 'CCC 4935"9
3. N Sr3 1 90 1" W 276.76 fed to a Wo iron pin set with a yellow plastic cap bvml)ed "CCC
4935) adjaocnt to the Southeast corner of said Second tract for the called upper Northeast
comer ofsaidWilliamsonbad and.
r:' i t W 707.49with die Northt of -t WHIliamson tract .. iron pin
foundsquarecollardie East lineof said . t 61 Y
the Northwest comer of said Williamson a -ad and the most Westerly SoudrAvA corner of this
tram
THENCE: N 21"33'34" W 60.98 feet with the East Ime of said Fnrm-to-Market Highway No. 1460 to the
point of Beginning and containing 158.19 acres of land.
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Exhibit B
AREA MAP 158.19 Annexation Area
Rodgers Tract
N
City of Georgetown n
Planning and Developments ervices Division:
DraftC artographic Data for Planning Purposes Only
July 14, 2004
41 M
0 i.D00 2 000 4,00Let
Legend
i®
Annexation Area
Parcels
i
L
City limits
I —
Streets
N
City of Georgetown n
Planning and Developments ervices Division:
DraftC artographic Data for Planning Purposes Only
July 14, 2004
41 M
0 i.D00 2 000 4,00Let
EXHIBIT C
City of Georgetown Municipal Service Plan
Introduction:
Requests have been received from Rissa Lee Rodgers Person, Regina Lyn Rodgers
Crawford, Alice Beth Rodger Lee, H. R. (Bud) Lee, and Mark Edward Rodgers, through
their agent, to annex a 158.19 acre tract out of the William Addison Survey, into the City
of Georgetown. The property is located southwest of the intersection of Inner Loop and
the Future Maple Street extension 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 south of the Inner Loop
and east of 111350
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 43.456(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
f
landowners subsequently agree in writing that the development project within that
area, because of its size or projected manner of development by the developer, is not
reasonably expected to be completed within that period.
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:
I. Police Protection
A) Existing services: None
B) Services to be provided: Police protection personnel and equipment from the
city police department shall be provided to the annexed area, beginning on the
effective date of the annexation ordinance, and shall be provided at the same
level of service as currently provided throughout the city.
C) Animal control services will be provided in the area when requested.
Service Plan: 158.19 Acre, Rodgers Tract- I
II. Fire Protection ancludine Emer2encv Ambulance
A) Existing services: None
B) Services to be provided: Fire protection personnel and equipment from the
city fire department shall be provided to the annexed area, beginning on the
effective date of the annexation ordinance, and shall be provided at the same
level of service as currently provided throughout the city.
III. Solid Waste Collection
A) Existing services: None
B) Services to be provided: Solid waste collection shall be available to the
annexed area on the same basis and at the same level as provided throughout
the city. However, no obligation exists for the city to provide waste collection
services to a person who uses the services of a privately -owned solid waste
management provider. -
IV. Water Service in the Service Area of the City
A) Existing services: None
B) Services to be provided: Connection in accordance with the development
process.
V. Sanitary Sewer Service
A) Existing services: None.
B) Services to be provided: Connection in accordance with the development
process.
VI. Maintenance of Roads and Streets
A) Existing services: None
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.
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.
Service Plan: 158.19 Acre, Rodgers Tract 2
IX. Street Lwhtin
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. Traffic Engineering
A) Existing services: None
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. Plannine and Zonin
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. The property shall be zoned
Agriculture District (AG).
XII. Storm Drainage ancludinLy Flood Plain ReLyulations
A) Existing services: None
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: None
B) Services to be provided: On the effective date of the annexation ordinance,
building inspection personnel and equipment from the city building inspection
department shall be provided to the annexed area. On the effective date of the
annexation ordinance, all building permits and related construction permits
will be issued in accordance with existing city ordinances resolutions,
regulations, and building codes. On the effective date of the annexation
ordinance, on site inspection services of new construction will be provided.
On the effective date of the annexation ordinance, the Planning and
Development 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.
Service Plan: 158.19 Acre, Rodgers Tract 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,
Service Plan: 158.19 Acre, Rodgers Tract 4