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HomeMy WebLinkAboutORD 2004-61 - ANX Sun City 20ORDINANCE ♦ * W Two ! f UIRL19229MILTA IM WHEREAS, the City Council of the City of Georgetown, Texas, may under the Chatter 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 speciirc 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 WHEREAS, all prerequisites of state law and the City Charter have been complied with; Ordinance No. 410011® &/ Annexation of 39.473 Acres, Sun City Neighborhood 20 Pace 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: 7. 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: 39.473 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 39.473 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 District4 C 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 14th dayof September 2004, PASSED AND APPROVED on Second Reading on the 9 dayof 6L �` 206'v Ordinance No. Jw t Annexation of 39.473 Acres, Sun City Neighborhood 20 Page 2of3 ATTEST: r Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No.02010t' /O/ Annexation of 39.473 .Acres, Sun City Neighborhood 20 Page 3 of 3 THE CITY OF GEORGETOWN: Mayor EXHIBIT A METES AND BOUNDS DESCRIPTION 39.473 ACRES FREDERICK FOY SURVEY, A429 WILLL46MSON COUNTY, TEXAS Being 39.473 -acres of land in the Frederick Foy Survey, Abstract 229, Williamson County, Texas and being out of four (4) tracts of land conveyed to Dei Webb Texas Limited Partnership (LTD.) as recorded in Document No.s 9605679, 96556669 9752930, and 9558177 of the Official Records of Williamson County, Texas (O.RW.C.T.). Said 39.473 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 distances converted to surface by multiplying by the combined scale factor of 1.000143965. All coordinates are grid. BEGINNING at a point marldng the most northwesterly comer of a subdivision called Planned Unit Development of Sun City Georgetown, Phase 4-B, Neighborhood Seventeen A and recorded in Cabinet "T", Slides 276-278 of the Williamson County Flat Records (W.C.P.R.), same being the southeasterly corner of Parcel No. 1, called 11.977 acre tract conveyed to Sun City Georgetown Community Association Inc and recorded in Document No. 2003104843 O.R.W.C.T.; THENCE, along the westerly line of said Planned Unit Development of Sun City Georgetown, Phase 4-B, Neighborhood Seventeen -A the following two (2) courses and distances: 1. South 02010255" East, a distance of 30.82 feet to a point for corner; 2. South 49046'55" East, a distance of 220.96 feet to a point for corner; THENCE, North 71022'55" West, a distance of 135.82 feet to a point for corner, THENCE, South 73°50'43" West, a distance of 433.91 feet to a point for corner, THENCE, South 51°44'27" West, a distance of 646.12 feet to a point for comer, THENCE, South 76°42'45" West, a distance of 349.90 feet to a point for comer, THENCE, North 70032141" West, a distance of 283.86 feet to a point for corner, THENCE, North 28°15'35" West, a distance of 276.26 feet to a point for comer, THENCE, North 06°49'30" West, a distance of 404.77 feet to a point for corner; THENCE, North 28014124" West, a distance of 526.27 feet to a point for corner, THENCE, North 75°59'49" East, a distance of 1,214.26 feet to a point for comer and being in the westerly line of Parcel No. 2, called 29.592 acres conveyed to Sun City Georgetown Community Association Inc and recorded in Document No. 2003104843 O.R.W.C.T.; ?'IDELWEBB1630001 tANNEXATION DESCRIPTIONSIDocsW&BI Annexation Tract - 39.473 acres.doc Page I of 2 M THENCE, along the westerly line of said Parcel 2 the following three (3) courses and distances: I. South 40°51'04" East, a distance of 95.37 feet to a point'for corner, 2. South 41 ° 16'50" East, a distance of 150.88 feet to a point for corner and being in the arc of a nontangent curvature curve to the Ieft, 3. 213.46 feet along the arc of said curve to the left having a radius of 2770.00 feet, a Delta of 4024'55" and a Chord bearing and distance of North 46°30'43" East, 213.40 feet, to a point for comer; THENCE, South 45031'33" East, a distance of 60.00 feet to a point for comer and being in the northwest line of aforementioned Parcel No. 1 and being in the arc of a non -tangent curve to the right; THENCE, along the north & westerly line of said Parcel 1 the following six (6) courses and distances: 1. 232.62 feet along the arc of said curve to the right having a radius of 2830.00 feet, a Delta of 4°42'34" and a Chord bearing and distance of South 46°39'46" West, 232.55 feet, to a point for comer; 2. South 15°07'25" East, a distance of 140.06 feet to a point for comer; 3. South 22°22'20" East, a distance of 116.77 feet to the point of a non tangent, curvature curve to:: the right; 4. 117.14 feet along the arc of said curve to the right having a radius of 50.00 feet, a Delta of 134013'50" and a Chord bearing and distance of South 63030'39" East, 92.14 feet, to a point for comer; • . 5. South 86°23'20" East, a distance of 40.48 feet to a point for comer; 6. South 55°27'48" East, a distance of - 421.08 feet to the POINT OF BEGINNING and containing a computed area of 39.473 acres (1,719,445 sq. ft.) of land. Prepared by: SURVCON INC. 400 W.15`h Street Austin, Texas 78701 July, 2004 Z.•tDELWEBB1630001tkWEYATIONDESCRIPTIONS1DocstM&BI Annexation Tract -39.473 acres.doc Page 2 ofZ h � {low Iti na CD V) < N WZ QQ N W <O _I OF y� y„� m 2 (L ,¢ cn 5C� Q '�'! Q < cOj q vL �4j �• v yU C<i 0 X 4 � c pin Nra. z 2 W F Z (0 WRZ Una �WzJw zJo �z Z c; Z � �n t. N Z O J '� M � M z vWi '� .� � V Z(5 ' d 4: cai aID to QS Q "6 J Q� X� w U Mw a. �Q Q`�xZ FWOO <zz <m _� ZS a4:: �z OM2 0 Ix_ W WY U) U0�� F- tii Q Q �n ~ o c Q a V w �`vi WZN �<z < U J'_ci W � ~ d WpU in QpQ �+� t prn y 0 µµ. d3 0 t o Q�D3 O w w `" w -' S z ca S d {� �Oy1 Q cz� (i �f��wgY �'s $ m�W � 1 jp O z {,V (?y QzN O zww m as ti �'j s ozo ZZ 800 a-�� N �U(J SF a 3 Awa 0*< z 1 C9 Z_ m O� OW (nX � t-� 3 OX =cn rn V) t=i/ u0i• a,,< wD .=1-QN N2 h mi in�Z < h N maw mg Q Q O z w LLJ (A 0 z w w in Li ad O I h O �z S Z W r+. wr wti a <3 w -' o a (nod J co a' U)h0 � •Q X co n O �Mul Fw- M N n N i- mQUl maw z mUm w w zz w 0 wzz wzz `= CJ M O r wo 0 z w w in Li ad O I h O �z S Z W V) wti H w CJ �a3 3 J co a' U)h0 � •Q X d n O Fw- M N n N i- maw mUm rc w 0 wzz wzz Q r 0 z w w in Li ad O I h O �z S Z W to ' o z w w a ^v t V) <O < �O O X oa) M h to mNcy) 14.1 1d w i < Z �Od ti o a L / _N 3' p HA yy N m Vol C21i- x cj it N g2�i CL a$ v7 z3a� i V) H w CJ a:a 3 JOS N 00O ci WX n N i- mUm rc w wzz r c.i WO O W to ' o z w w a ^v t V) <O < �O O X oa) M h to mNcy) 14.1 1d w i < Z �Od ti o a L / _N 3' p HA yy N m Vol C21i- x cj it N g2�i CL a$ v7 z3a� i t, �gC4� N N Co C9 Go a I� 9 U81 s N .a C1Oki m C4^ � ��V G� EXHIBIT C City of Georgetown Municipal Service Pian 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 39.473, 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 20 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 Iandowner 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 '/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. Service Plan: 23.7452 Acre Scan City Neighborhoods 20 1 H. Fire Protection (Including Emergencv 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. 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 Platt: 23.7432 Acre Sun City Neighborhoods 20 2 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 bilding 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. XN. 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: 23.7452 Acre Sun Citv Neighborhoods 20 3