HomeMy WebLinkAboutORD 2004-60 - ANX Sun City 19ORDINANC ENO. _ I►
TEXAS,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
PROVIDING
!✓ s CERTAIN
y Y•f y, 1!
RESOLUTIONS;OF THE CITY OF GEORGETOWN, TEXAS, AND THE ANNEXATION OF
CERTAIN TERRITORY CONSISTING OF 23.7452 ACRES, MORE OR LESS, IN
THE FREDERICK FOY 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
SEVERABILITY
♦: CLAUSE; ♦ : 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 cn 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.
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 jurisdiction of the
City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and 11
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
Ordinance No. Z04&o
Annexation of 23.7452 Acres, Sun City Neighborhood 19
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: 23.7452 acres,
more or less, in the Frederick Foy 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 23.7452 acres, more or less, in the Frederick Foy 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.
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�;Lg'4 dayof ;
Ordinance No. 4ZO0 " &0
Annexation of 23.7452 Acres, Sun City Neighborhood 19
Page 2 of 3
ATTEST: f r
# f
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No. 0
Annexation of 23.7452 Acres, Sun City Neighborhood 19
Page 3 of 3
THE CITY OF GEORGETOWN:
Mayor
tq
EXHIBIT A
METES AND BOUNDS DESCRIPTION
23.745 ACRES
FREDERICK FOY SURVEY, A-229
WILLIAMSON.COUNTY, TEXAS
Being 23.745 acres (1,034,343 square feet) of land in the Frederick Foy Survey, Abstract 229,
Williamson County, Texas and being out of two tracts of land conveyed to Del Webb Texas
Limited Partnership (LTD.) as recorded in Document Nos. 9622645 and 9558177 of the Official
Records of Williamson County, Texas (O.R.W.C.T.). Said 23.745 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 "B", Planned • Unit
Development of Sun City Georgetown, Neighborhood Sixteen -3, a duly recorded subdivision in
Cabinet "X", Slides 140442 and being located in the easterly right-of-way line of Sun City
Boulevard (1204eet wide),
THENCE, South 41°25'07" West, a distance of 120.35 feet to a point in the west right-of-way
line of said Sun City Boulevard for corner and being in the arc of a non -tangent curve to the
right;
THENCE, 35.73 feet, leaving said 'west right -of --way line and proceeding along the arc of said
curve to the right having a radius of 25.88 feet, a Delta of 79°06'39" and a Chord bearing and
distance of South 07°03' 13" West, 32.96 feet to a point of tangency for corner,
THENCE, South 47°25'46" West, a distance of 158.94 feet to the be, 'ening of a tangent curve
to the right;
THENCE, 121.62 feet along the arc of said curve to the right having a radius of 2230.00 feet,,a
Delta of 03°07'30" and a Chord bearing and distance of South 45°52'01" West, 121.62 feet to a
point for corner;
THENCE, South 44°18'16" West, a distance of 302.26 feet to a point for comer and being in the
arc of a non -tangent curve to the right;
THENCE, 39.27 feet along the arc of said curve to the right having a radius of 25.00 feet, a Delta
of 90°00'00" and a Chord bearing and distance of South 89°18'16" West, 35.36 feet to a point
for corner;
THENCE, South 44'18'16" West, a distance of 50.00 feet to a point for comer and being in the
arc of a non -tangent curve to the right;
Z.• DEL WEBB16300011ANNEXATION DESCRIPTIONSIDocsW&BI Annexation Tract - 23.715 acres. doc
Page 1 of 3
THENCE, 39.27 feet along the arc of said curve to the right having a radius of 25.00 feet, a Delta
of 90100'00" and a Chord bearing and distance of South 00041'44" East, 35.36 feet toa point for
corner;
THENCE, South 44'18'16" West, a distance of 63.82 feet to the beginning of a tangent curve to
the right;
THENCE, 182.77 feet along the arc of said curve to the right having a radius of 2370.00 feet, a
Delta of 4025'07" and a Chord bearing and distance of South 46030149" West, 182.74 feet to a
point for comer,
THENCE, South 48043'23" West, a distance of 25.39 feet to a point for corner,
THENCE, North 44018'15" East, a distance of 186.73 feet to a point for corner,
THENCE, North 45041'45" West, a distance of 258.53 feet to a point for corner,
THENCE, North 49015152" West, a distance of 76.50 feet to a point for corner;
THENCE, North 450061.05" West, a distance of 68.00 feet to a point for comer,
THENCE, North 25038143" West, a distance of 80.13 -feet to a point for comer;
THENCE, North 79'1.'1'5T' West, a distance of 85.64 feet to a point for comer,
THENCE, North 63 ° 10' 16" West, a distance of 132.20 feet to a point for comer,
THENCE, North 43039'16" West, a distance of 132.20 feet to a point for corner,
THENCE, North 24°51'39" West, a distance of 122.49 feet to a point for comer;
THENCE, South 69°41'57" West, a distance of 53.89 feet to a point for comer;
THENCE, North 73°52'09" West, a distance of 108.35 feet to a point for comer,
THENCE, North 37035'12" West, a distance of 82.12 feet to a point for comer;
THENCE, North 12°32'34" West, a distance of 88.24 feet to a point for corner;
THENCE, North 19°51' 10" East, a distance of 95.85 feet to a point for corner;
THENCE, North 5704648" East, a distance of 128.61 feet to a point for corner;
Z. IDEL WEBB1630001 1ANNEK4TION DESCRIPTIONSID= M&BI Annexation Tract -23.745 acres.doc
Page 2 of 3
THENCE, North 69041'57" East, a distance of 375.00 feet to a point for comer,
THENCE, North 65011'25" East, a distance of 69.86 feet to a point for comer;
THENCE, North 51002"20"' East, a distance of 66.98 feet to a point for corner;
THENCE, North 39009'25" East, a distance of 75.00 feet to a point for corner,
THENCE, North 36056'28" East, a distance of 68.20 feet to a point for comer;
THENCE, North 37049105" East, a distance of 87.09 feet to a point for comer,
THENCE, South 52010'55" East, a distance of 101.49 feet to the beg=iung of a tangent curve to
the right;
THENCE, 281.23 feet along the arc of said curve to the right having a radius of 3163.92 feet, a
Delta of 5005'34" and a Chord bearing and distance of South 49035101" East, 281.13 feet to a
point for comer; I -
THENCE, South 46'56'17" East, a distance of 13.39 feet to a point for comer;
THENCE, North 43°21'22" East, a distance of 15.00 feet to a point for comer;
THENCE, South 46056' 1 T' East, a distance of 545.03 feet to a point of curvature hereof;
THENCE, 93.06 feet along the arc of said curve to the right having a radius of 2060.00 feet, a
Delta of 2°35'18"'and a Chord bearing and distance of South 45°38'38" East, 93.05 feet to the
POINT OF BEGINNING and containing a computed area of 23.745 acres (1,034,343 square
feet) of land.
Prepared by:
SURVCON INC.
400 W.15`h Street
Austin, Texas 78701
July, 2004
Z.- DEL WEBB163000114NNEYAT10NDESCR1PT10NS1DocslM&BI Annexation Tract -23.745 acres.doc
Page 3 of 3
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EXHIBIT C
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 23.7452, more or less, tract out of the Frederick Foy
Survey, into the City of Georgetown. The property is located west of Sun City Boulevard, for Sun
City Neighborhoods 19 and will adjoin 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 %
years following the date
of annexation, unless
otherwise specified below:
L 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: 23.7452 Acre Sun City Neighborhoods 19 1
II. Fire Protection (Including Emmencv 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 City
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.
X. Planninp, 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 Plum; 23.7452 Acre Sun City Neighborhoods 19 2
XI. BuiIdin2 Inspection - Code Enforcement
r 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 System 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.
X.N. 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 AnaIvsis _
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: 23.7452 Acre Suri City Neighborhoods 19 3