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HomeMy WebLinkAboutORD 2004-59 - ANX Sun City 27ORDINANCE NO. c 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 117.804 ACRES, MORE OR LESS, IN THE BURRELL EAVES 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 ASEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, may underthe 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 vioriting 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 approve_ d a resolution granting the petition on August 10, 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 jurisdicticn cif 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. „n0` 5 Annexation of 117.804 Acres, Sun City Neighborhood 27 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 econorrrc 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: 117.804 acres, more or less, in the Burrell Eaves 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 117.804 acres, more or less, in the Burrell Eaves Survey, as described in Exhibit A 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. Ali 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 1h dayof September 2004. 4. PASSED AND APPROVED on Second Reading on the dayof« Ordinance No. 04..51 Annexation of 117.804 Acres, Sun City Neighborhood 27 Page 2 of 3 ATTEST- THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No.cz,90q?5 Annexation of 117.304 Acres. Sun City Neighborhood 27 Page 3 of 3 By: Gary Mayor 1 EXHIBIT A !TE4 TES AND BOUNDS DESCREMON 117e804 ACRES BURRELL EAVES SURVEY, WILLLAMSON COUNTY, Being 117.804 acres of land in the Burrell Eaves Survey, Abstract 216, Williamson County, Texas and being a portion of a called 56.825 tract of land conveyed to Del Webb Texas Limited Partnership (LTD.) as recorded in Document No. 9619468 of the Official Records of Williamson County, Texas (O.R.W.C.T.), a portion of a called 310.706 acre tract conveyed to Del Webb Texas Limited Partnership (LTD.) as recorded in Document No. 9558177 of the O.R.-W.C.T. and all of a called 1.280 acre tract conveyed to the City of Georgetown as recorded in Document No. 2003017887 of the O.RW.C.T. Said 117.804 acre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Texas Central Zone, NAD _83/93 HARN Datum with all bearings and distances described herein are surface.. BEGINNING at a point marking the most northwesterly corner of Tract "A", Planned Unit Development of Sun City Georgetown, Phase 2, Neighborhood Thirteen, a duly recorded subdivision in Cabinet "V", Slides 8046 and being located in the easterly right-of-way line of Sun City Boulevard (1204eet wide); THENCE, North 04005'12" East, leaving said dedicated right -of --way, a distance of 58.26 feet to a point for the beginning of a tangent curve to the left; THENCE, 642.14 feet, and proceeding along the arc of said curve to the left having a radius of 1060.00 feet, a Delta of 34°42'34" and a Chord bearing and distance of North 13°16'05" West, 632.37 feet to a point of tangency; THENCE, North 30037'22" West, a distance of 457.27 feet to the beginning of a tangent curve to the right, THENCE, 730.86 feet along the arc of said curve to the right having a radius of 1040.00 feet, a Delta of 40'15'53" and a Chord bearing. and distance of North 10029226" West, 715.92 feet to a point for a corner; THENCE, North 80021'29" West, a distance of 120.00 feet to a point for a comer and being in the arc of a non -tangent curve to the right; THENCE, 604.25 feet along the arc of said curve to the right having a radius of 1160.00 feet, a Delta of 29°50'45" and a Chord bearing and distance of North 2403354" East, 597.45 feet to a point at a southeasterly corner of said 1.280 acre tract for a comer hereof; THENCE, along boundary lines of said 1.280 acre tract, the following two (2) courses: Z: DEL WEBB16300011AIWEYAT10N DESCRIPT10NS1DocsW&BI Annexation Tract 117.804 acres.doc Page I of 3 0 1. South 75026742" West, a distance of 333.66 feet to a point for a corner, 2. North 21°30'36" West, a distance of 125.21 feet to a point on the common boundary line - of said 310.706 acre tract and the remainder of a called 311.87 acre tract conveyed to Lake Georgetown Associates as recorded in Volume 2111, Page 602 of the VdHamson County Deed Records (W.C.D.R.), said common boundary line being more particularly described in that certain Boundary Line Agreement recorded in Document No. 9602326 of the O.RW.C.T. for a corner, THENCE, along said common boundary line, the following three (3) courses: 1. North 68°2928" East, a distance of 1,455.91 feet to an angle point; 2. North 68°32'47" East, a distance of 778.59 feet to an angle point; 3. North 67023'14"' East, a distance of 176.60 feet to a point for a corner, THENCE, across said 310.706 acre tract, the following three (3) courses: I. South 38°16'44" East, a distance of 53091 feet to a point for a corner, 2. North 84°43'2T' East, a distance of 325.84 feet to a point for a confer; 3. South 21°09'49" East, a distance of 185.15 feet to a point on the common boundary line of said 310.706 acre tract and a called 419.34 acre tract conveyed to Gladys Queen as recorded in Volume 528, Page 588 of the W.C.DRR. for a corner; - e THENCE, South 68050'l 1" West, along said common boundary line, a distance of 1,666.13 feet to a point at the northernmost comer of said 56.825 acre tract for a corner; THENCE, along common boundary lines of said 419.34 acre tract and said 56.825 acre tract, the following two (2) courses: 1.. South 21109'59" East, a distance of 1,433.34 feet to an angle point; 2. South 21°23'39" East, a distance of 1,143.72 feet to a point at the northeast comer of said Neighborhood Thirteen for the southeast corner hereof, THENCE, along northerly boundary lines of said Neighborhood Thirteen, the following thirteen (13) courses: 1. South 75028'07" West, a distance of 196.98 feet to an angle point; Z•1 DELWEBB1630001 LMF_XATION DESCRIPTIONSIDocslM&B1 annexation Tract 117.804 acres.doc Page 2 of 3 2. North 85057108" West, a distance of 296.00 feet to a point for a comer and the beginning of a non tangent curve to the right; 3. 33.06 feet* along said'nontangent curve to the right having a radius of 675.00 feet, a Delta of 2°48'21" and a Chord bearing and distance of North 05027'03" East, 33.05 feet to a point of tangency; 4. North 06051"13" East, a distance of 42.50 feet to a point for a comer, 5. North 83°08'47" West,.a distance of 50.00 feet to a point for comer, 6. South 06'51'13" West, a distance of 42.50 feet to a point for a comer and the beginning of a tangent curve to the left; 7. 35.50 feet along said curve to the left Having a radius of 725.00 feet, a Delta of 2°48'21" and a Chord bearing and distance of South 05°27'03" West, 35.50 feet to a point for a corner, 8. North 85057'08" West, a distance of 85.00 feet to a point for a comer; 9. South 64039'19" West, a distance of 163.92 feet to a point for a comer, 10. South 81017"59" West, a distance of 490.93 feet to a point for a comer; 11. North 43045128" West, a distance of 349.65 feet to a point for a corner, 12. North. 32°21'53" West, a distance of 91.61 feet to a point for a corner; 13. North 2101610711 West, a distance of 152.86 feet to the POINT OF BEGINNING and containing a computed area of 117.804 acres (5,131,552 sq. ft.) of land. Prepared by: SURVCON INC. 400 W* 15'h Street Austin, Texas 78701 July, 2004 Z.•IDELWEBB163000N M E12TIONDESCRIPT10NS1DocstM&BI Anr=ation Traci 117.804 acres.doc Page 3 of 3 I LINE TART F UNE LENGTH RADIUSDELTA BEARING CHORD BEARING DISTANCE L1 N 04'05'12" E 58.24' L2 FN 3017'22" W 457.27' L3 N 80'21'29" W 120.00' L4 S 75`26'42" 'N21 W 333.66' L5 675.00 `30'36" W 125.21' L6 N 68'32'47" ET 778.59' L7 T N 67023'14" " E 176.60' L8 S 38"16'44" E 530.91' L9 N 84'43'27" E 325.84' L10 = S 21'09'49" E 185.15' L11 S 75'28'07" W 196.98' L12 N 85057'08" W 296.00' L13 N 06'51'13" E 42.50' LlT7T N 83'08'47" W 50.00' L15 S 06051'13" W 42.50' L16 N . 85'57'08" W 85.00' 1.17 S 6439'19" W 163.92' L18 S 81817'59" W L19 N 43'4528" W349.65' _490.93' L20 L21 N _ N 32'21'53" 21'16'07" W� l_... IN 91.61' 152.86' CtIRVF TARI F , CURVE LENGTH RADIUSDELTA CHORD BEARING LENGTH C1I 64214 1060.00 34'42'34" N13`16'05"W 632.37 C2 730.86 1040:00 40`15'53" N1019'26"W 715.92 604.25 1160.00 29'30'45" N24'33'54"E 597.45 bCC3 4 33.06 675.00 2.48'21" NO5'27'03"E 33.05 5 35.50 -725.00 2`48'21" S05'27'03"W 35.50 - PROPOSED ANNEXATION a BEING 117.804 ACRES (5031,551 SO. FT) OF LAND IN THE BURREL EAVES SURVEY, ABSTRACT 216, 'NIL DAMSON COUNTY, TEXAS SURVCON INC. PROFESSIONAL SURVEYORS Loa V= 16th I larS Ir taco SHEET 2 OF 2 AUI M7&2) 447-71M NO PART OR PARTS OF THIS GRAYING LAY BE REPROOUCEO OR SCALE: 1•��5DD� JOB NO. $30001 RETRANSMITTED IN ANY WAY OR FORM (EUCTRONIC. Y£g1ANICAt, POTOCOPYINM E PChA OF SUR CCN Ix ) tMTNOUT THE EXPRESS YRiITTEN DATE: JULY 2004 F.B. NO, F9.10 ORAYANG: L•\OMW bb\630001\Ann*"t{cn o.,ciptian.\dnp\Ann o. ].d.q PLOTTED: .Ad 22. 2004 - z23w* DRAWN BY: P. Yglesuss PROJECT: Ann Do= N BURREL EAVES SURVEY ABSTRACT 216 LAKE u:JRGETOWN ASSOCIATES (REMAINDEROF 21 1CALLED P 311,87 ACR W C.O.R.E TRACT) 46 �5e. DEL WEBB.TEXAS LTD.--� (REMAINDER OF A CALLED 1 310.706 ACRE TRACT) •� DOC. 9558177 O.R.W.C.T F411 I GLADYS QUEEN I (CALLED 419.34 ACRES) I ate. VOL. 528, PG. 588 W.C.D.R. 117.804 ACRELA S .► 0 / I DEL WEBB TEXAS LTO. (REMAINDER OF A CALLED 56.825 ACRE TRACT) EXHIBIT 'A-1" a DOC. 9619468 O.R.W.C.T. "'• POINT OF BEGINNING P EE NOTE 7. SEE NOTE 6. -- NOTES, `Y L18Vs - 1 PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, PHASE 2 NEIGHBORHOOD THIRTEEN CAB. V. SL 80-86, W.C.P.R. x"1I 1 .I1 1. BEARING BASIS. STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE, NAD 83/93 A.A.R.N. DATUM. ALL DISTANCES EXPRESSED IN U.S. SURVEY FEET SCALED TO SURFACE, 2. THIS BOUNDARY MAP EXHIBIT IS ACCOMPANIED BY A NARRATIVE METES AND BOUNDS DESCRIPTION. 3. W.C.P.R. WILLIAMSON COUNTY PLAT RECORDS. 4. O.R.W.C.T = OFFICIAL RECORDS OF WIWAMSON COUNTY, TEXAS. 5. CITY OF GEORGETOWN; (CALLED 1.280 ACRES); DOC. NO. 2003017887 O.R.W.C.T, 6, DEL WEBB TEXAS PARTNERSHIP LTU., (REMAINDER OF A CALLED 753.350 ACRE TRACT); SCHEDULE A-5; DOC. 9558177 O.R.W.C.T, 7. PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN, NEIGHBORHOOD FOURTEEN A & 8 CAB. X. SL 134-139, W.C.P.R. SHEET I OF 2 NO PART OR PARR OF MIS ORANING MAY BE REPIICOUCED OR RETRANSMITTED IN ANY WAY OR FORM (ELECTRONIC. MECHANICAL PNOTOCOPYINC. OR OTNERMISE) MAMOUT ME EXPRESS WRIftEN PERMIS90N OF SURYCON INC. ORAW04C: 2:\0dIWebb\630001\Annexation 0•+crlptfws\d q\Am 0• 3.dsq KOM)' AA 22. 2004 — 2.25pm PROPOSED ANNEXATION BEING 117.804 ACRES (5,131,551 SQ. FT.) OF LAND IN THE BURREL EAVES SURVEY, ABSTRACT 216, WILUAMSON COUNTY, TEXAS PROF 4W SCALE; i"'=500' JOB N0, 630001 DATE. JULY 2004 F.B. NO, FB�NO DRAWN 8Y: P. Yglesias PROJECT:.. ,. Ann Oesc ft I 1 *404 0*11803 City of Georgetown Municipal Service Plan Introduction: Requests have been received from Del Web Texas, LTD, and their designated agent, per the February 14, 1995 Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., L.P., referred to collectively herein as "Petitioners" or Owners", to annex a 117.804 acre, more or less, tract out of the Burrell Eaves Survey, into the City of Georgetown. The property is adjacent to Sun City Neighborhood 13 and adjoins the present City limits. A legal description of the property is attached. The area includes no residences, and where less than three qualified voters reside. The topography is similar to the property in the area west of Interstate 35 and North of Williams Drive. 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, is not reasonably expected to be completed within that period. The City of Georgetown has entered into a Development Agreement with Del Webb Texas, LTD, on February 14, 1995, with subsequent amendments. The Development 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 '/z 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: Sun Citi, Neighborhoods 27 1 1 U. 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. M. 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 to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. V. Wastewater Service A) Existing services: None B) Services to be provided: Wastewater service to the area is available per the February 14, 1995 Development Agreement, with subsequent amendments. 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. 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: Street Lighting will be provided per the February 14, 1995 Development Agreement, with subsequent amendments. Y. Planning and Zoning 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. Service Plan: Sun Cin -Neighborhoods ?? Xi. 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 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. XIII. Utility Svstem Capital Improvements The construction of any utility system capital improvements shall be in "accordance with the terms of the Development Agreement. The Development 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. XVII. 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: Sun Cine Neighborhoods 27