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HomeMy WebLinkAboutORD 2003-78 - ANX Sun City 25 & 26ORDINANCE 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 90.141 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, 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 visiting 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 spek.,fic criteria are met; and Vv'HEREAS, the areas proposed for annexation are 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 Georgetown City Council approved a resolution granting the petition on September 9, 2003; and WHEREAS, the Georgetown City Council conducted public hearings on the proposed annexation on September 9, 2003, and September 23, 2003; and WHEREAS, all of the herein -described property lies within the extraterritorialudsdiction of the City of Georgetown, Texas; and WHEREAS, the herein -described property ties adjacent and contiguous to the City of Georgetown, Texas; and v' FIEREA.S, call prerequisites of state law and the City Charter have been complied with; Ordinance No. 003 Annexation of 90.1.11 ,Acres, Sun City Neighborhood 24 and 25 Page 1 of 3 11 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 econorric 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: 90.141 acres, more or less, in the Burrell Eaves Survey, as described in Exhibit A of this ordinance, as shown in B of this ordinance, which contains the property descriptions for the tracts. Exhibit C contains the service plan. SECTION 3. The 90.141 acres, more or less, in the Burrell Eases Survey, as des�.ribed 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"" day of October 2003. PASSED AND APPROVED on Second Reading on the Ordinance No. _J Annexation of 9G.14-1 Acres Page 2of Sun City Neighborhood 242nd 25 ATTEST: 58r d r ' aF - 4/Gt ri9 ni t`, t` City Secretary APPROVED AS TO FORM: Patricia E. Carts City Attorney Ordinance No. Annexation of 90.141 Acres, Sun City Neighborhood 24 and 25 Page 3 of 3 THE CITY OF GEORGETOWN: B : Gary Mayor EXHIBIT A Page I of • t•• ANNEXATION METES • BOUNDS • •# .141 ACRES BURRELL EAVES SURVEY,ABSTRACT r 6 WILLL4aMSON COUNTY, Being a 90.141 acre tract of land in the Burrell Eaves Survey, Abstract 216 in Williamson County, Texas and being a portion of the remainder of a called 310.706 acre tract conveyed to Del Webb Texas Limited Partnership by. instrument recorded in Document No. 9558177 of the Official Records of Williamson County, Texas (O.R.W.C.T.) also being a portion of the remainder of a called 277.020 acre tract conveyed to Del Webb Texas Limited Partnership by instrument recorded in Document No. 9619468 O.R.W.C.T. Said 90.141 acre tract being more particularly located and described as follows with all bearings being referenced to the Texas State Plane Coordinate System, Central Zone, NAD 83/93 Datum with distances converted to surface by a combined scale factor of 1.000143965: BEGINNING at a 3/4 -inch iron rod found on the easterly right-of-way line of Sun City Boulevard (120 ft. no.w.) at the north-northwest corner of TRACT "A" being (6.257 acres) open space and drainage easement tract as identified by the plat of Planned Unit Development of Sun City Georgetown, Phase?, Neighborhood Thirteen as recorded in Cabinet V, Slides 8046 of the Williamson. County Plat Records (W.C.P.R.); being the southeast corner of this tract; THENCE, North 85°54'48" West. a distance of 120.00 feet. along -the existing north terminus of said Sun City Boulevard, to a 3/4 -inch iron rod found in concrete for the northwest terminus corner of said Sun City Boulevard as dedicated by said Neighborhood Thirteen plat, also being the east corner of Tract "B" being (3.508 acres) open space and drainage easement as identified by the plat of Planned Unit Development of Sun City Georgetown., Phase 2, Neighborhood Fourteen A & B as recorded in Cabinet::. Slides 134-139 W.C.P.R. THENCE, along the northeast and northerly boundary lines of said Planned Unit Development of Sun City Georgetown, Neighborhood Fourteen A & B, the following three (3) courses: North 65°34'42" West, passing the north-northeast corner of said Tract "B", passing the common rear corner of Lots 28 and 29 Block "1" of said Neighborhood Fourteen, in all a total distance of 862.66 feet, to a 3/4 -inch iron rod found in concrete for the north corner of Tract "A" being (32.884 acres) open space and drainage easement as identified by the said plat of"Neighborhood Fourteen A & B; 2. South 40052'02" West, a distance of 2216.22 feet, along the northwest line of said Tract "A" (32.884 acres), to a 3/4 -inch iron rod found in concrete for an anVle point hereof and of said Tract "A {j n 1 tlTcL ')Cu�� C�`,.t1cJ ` a1r"Vt 3. North 82°36'54" West, a distance of 257.29 feet to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for the southeast corner of Lot 33 Block "I" of Planned Unit Development of Sun City Georgetown, Phase 4-A, Neighborhood Fifteen as recorded in Cabinet T, Slides i35-159 W.C.P.R; Thence, along the east boundary lines of said Neighborhood Fifteen, the following ten (10) courses: 1. North 02'04'15, East, a distance° of 114.28 feet, to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for the common rear corner of Lots 33 and 34 of said Block "1"; 2. North 04°17'58" West, a distance of 85.60 feet, to a 1/24nch iron rod with a plastic cap stamped "SURVCON, INC" found for the common rear corner of Lots 34 and 35 of said Block "I"; 3. North 10°40'19" West, a distance of 85.60 feet, to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for the common rear corner of Lots 35 and 36 of said Block "I"; 4. North 1702'40" West, a distance of 85.60 feet, to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON. INC" found for the common rear corner of Lots 36 and 37 of said Block "1 5. North 23°25'01" West, a distance of 85.60 feet, to a 1/24nch iron rod with a plastic cap stamped "SURVCON, INC" found for the common rear corner of Lots 37 and 38 of said Block "1 "• 6. North 29°47'04" West, a distance of 85.46 feet, to. a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for the north-northeast corner of said Lot 38; 7. South 57°02'04" West, a distance of 115.00 feet, to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for the west-northwest corner of said Lot 38, being a point in the curving northeast right-of-way line of Texas Drive (60.0 ft. r.o.w.); 8. An arc distance of 101.67 feet, along said right-of-way and being a curve to the left with a Radius of 655.00 feet, a Delta of 08'53'37" and a Chord Bearing and Distance of North 37°24'44" West, 101.57 feet to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for a point of tangency; 9. North 41°51'33" West, a distance of 210.51 feet, along said right-of-way, to a 1/2 -inch iron rod with a plastic cap stamped "SURVCON, INC" found for a point of curvature hereof; / ry... ',,.J lk EJi cm Page 3 of 6 10. An are distance of 50.19 feet, along said right-of-way and being a curve to the right with a Radius of 968.00 feet, a Delta of 02°58'16" and a Chord Bearing and Distance of North 40022'25" West, 50.19 feet to a 3/44nch iron rod in concrete found for the current northeast terminus corner of said Texas Drive as dedicated by said Neighborhood Fifteen plat; Thence, over and across the remainder portions of said 277.020 acre and 310.706 acre tracts the following forty-six (46) courses: 1. An arc distance of 278.01 feet, along the proposed easterly right -of --way line of said Texas Drive, said curve being to the right with a Radius of 968.00 feet, a Delta of 16°27'20" and a Chord Bearing and Distance of North 30039137" West, 277.06 feet, to a point hereof, 2. North 67°34'03" East, a distance of 120.15 feet, to a point hereof, 3. North 16°22'45" West, a distance of 111.04 feet, to a point hereof; 4. North 09°3739" West, a distance of 239.25 feet, to a point hereof, 5. South 81055'30" East, a distance of 48.05 feet, to a point hereof; 6. South 79°29'41" East, a distance of 102.04 feet, to a point hereof; T North 09030102" East, a distance of i 11.00 feet, to a point of curvature hereof; 8. An arc distance of 306.95 feet, along said curve being to the left with a Radius of 425.00 feet, a Delta of 41°22'50" and a Chord Bearing and Distance of North 78°48'37" East, 300.32 feet, to a point hereof; 9. South 5303732" East, a distance of 277.59 feet, to a point hereof; 10. South 25'20'25" East, a distance of 72.14 feet, to a point hereof; 11. South 19°44'23" East, a distance of 3 14. 13 feet, to a point hereof; 12. South 17°03'51" East, a distance of 98.54 feet, to a point hereof; 13. South 0`5703" West, a distance of 289.50 feet, to a point hereof, 14. North 85° 34'49" East, a distance of 140.13 feet, to a point hereof ; 15. North 30056136" East, a distance of 33.85 feet, to a point of curvature hereof; l Page 4 of 6 16. An arc distance of 33.39 feet, along said curve being to the left with a Radius of 50.00 feet, a Delta of 38°15'30" and a Chord Bearing and Distance of South 78011'09" East, 32.77 feet, to a point hereof; 17. South 071854" East, a distance of 64.50 feet, to a point hereof; 18. South 53°09'46" East, a distance of 98.14 feet, to a point hereof, 19. North 40034'02" East, a distance of.85.91 feet, to a point hereof; 20. North 07059' 10" East, a distance of 234.87 feet, to a point hereof; 21. North 42006152" East, a distance of 397.30 feet, to a point hereof; 22. North 25°56'31" East, a distance of 116.32 feet, to a point hereof; 23. North 15003'03" East, a distance of 131.02 feet, to a point hereof, 24. North 04056'40" West, a distance of 99.38 feet, to a point hereof; 25. North 16°10'00" West, a distance of 99.64 feet, to a point hereof, 26. North 34'17'16" West, a distance of 132.48 feet, to a point hereof; 27. North 47261. 7" West, a distance of 98.54 feet, to a point hereof., 28. North 61 °3F1 9" Vilest, a distance of 98.00 feet, to a point hereof; 29. North 67°00'14" West, a distance of 309.25 feet, to a point hereof; 30. North 54°08'15" West, a distance of 405.47 feet, to a point hereof; 31. North 36005107" West, a distance of 93.14 feet, to a point hereof,, 32. North 24°24'50" West, a distance of 87.16 feet, to a point of curvature hereof, being in the southeasterly right -of way line of proposed Texas Drive; 33. An arc distance of 102.98 feet, along said southeasterly right-of-way line of proposed Texas Drive, said curve being to the right with a Radius of 968.00 feet, a Delta of 06°05'44" and a Chord Bearing and Distance of North 74°48'58" East, 102.93 feet, to a point hereof; 34. North 12°08'11" West, a distance of 60.00 feet, to a point of curvature hereof, being in the curving north-westerly right -of wav lire of proposed Texas Drive; Page 5 of 6 35. An arc distance of 11.21 feet, along said westerly right-of-way line of proposed Texas Drive, said curve being to the right with a Radius of 1028.00 feet, a Delta of 00°37'29" and a Chord Bearing and Distance of North 78°10'31" East, 11.21 feet, to a point of tangency hereof, 36. North 78°29' i 6" East, a distance of 323.83 feet, along the proposed northerly right-of- way line of Texas Drive, to a point of curvature hereof; 37. An arc distance of 691.35 feet,'along the proposed northerly right-of-way line of Texas Drive, said curve being to the left with a Radius of 1370.00 feet, a Delta of 28°54'48" and a Chord Bearing and Distance of North 64°01'52" East, 684.03 feet, to a point of tangency hereof, 38. North 49°34'28" East, a distance of 332.27 feet, along the proposed northerly right -o& way line of said Texas Drive, to a point of curvature hereof; 39. An arc distance of 5271.27 feet, along the proposed northerly right-of-way line of said Texas Drive, said curve being to the right with a Radius of 630.00 feet, a Delta of 47024'26" and a Chord Bearing and Distance of North 73°1641" East, 506.53 feet, to a point of tangency hereof; 40. South 83001'06" East, a distance of 193.87 feet, along the proposed northerly right-of- wav line of said Texas Drive, to a point of curve return for proposed Texas Drive and proposed Sun City Boulevard; 41. An arc distance of 38.11feet, along the proposed curve return of said Texas Drive and said Sun City Boulevard, said curve being to the left with a Radius of 25.00 feet, a Delta of 87°20'31" and a Chord Bearing and Distance of North 53°18'38" East, 34.53 feet, to a point hereof, 42. South 80°21'29" East, a distance of 120.00 feet, along the proposed terminus of said Sun City Boulevard, to the northeast corner hereof and being a point in the curving proposed east right-of-wav line of said Sun City Boulevard; 43. An arc distance of 730.86 feet, along the proposed east right-of-wav line of said Sun City Boulevard, said curve being to the left with a Radius of 1040.00 feet, a Delta of 40015'53" and a Chord Bearing and Distance of South 10029225" East, 715.92 feet, to a point of tangency hereof, 44. South 30°37'22" East, a distance of 457.26 feet, along the proposed east right-of-way line of said Sun City Boulevard, to a point of curvature hereof, Page 6 of 6 45. An arc distance of 642.13 feet, along the proposed east right -of --way line of said Sun City Boulevard, said curve being to the right with a Radius of 1060.00 _feet, a Delta of 34°42'31" and a Chord Bearing and Distance of South 13°16'07' East, 632.35 feet, to a paint of tangency hereof; 46. South 04°05'09" West, a distance of 58.26 feet, along the proposed east right -of way line of said Sun City Boulevard, to the POINT OF BEGINNING and containing a computed area of 90.141 acres of land. Darrell D. White Registered Professional Land Texas Registration Number 4F Prepared by: SURVCON ETC, 400 West 15'', Suite 1030 Austin, Texas 78701 SURVCON Job No. 4795-06 Z:1 DelW'eb1479506\NH 25-2 6c.doc r� 1 41 - 1 1, an u 1 Date: _z `3 '�o Suri C ;i Legend t ETJ Boundary ROAD_TYPE 11 [� Parcels Collector City Limits Freeway Locai a h Major :+*...1a1 --- MnorArteiial i --*---^ Railroad E uit B Sun City, Neighborhood 24 and 25 Annexation Request Sun City, Neirabhorhood 24 & 25 90.141 Acre Annexation Gty of Georgetown u.. .. r. P�'u.ning and Development Services oivimn� cart canograpn�c Data for Plammg Purposes Orly s szprerrcer 15,'•00] ..rmwaxxaJor: — -- ssaa��evacao�ao.«I ` •^�'�,-'A� Exhibit C Citv 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 90.141 acre, more or less, tract out of the Burrell Eaves Survey, Abstract No. 216, into the City of Georgetown. The property is located .40 miles north of the intersection of Texas Avenue and Sun City Boulevard 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. T he 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 doers 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 Citv 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, 1994, with subsequent amendments. The Development Agreement is a method by which the Citv of Georgetown has extended services to similar areas of the Citv. consistent with Section 43.065(a) of the Texas Local Government Code. Schedule of iNfunicipal 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. Set Vice jPlan: 90_ 1.11 .4cr e Suri City Neighborhood 25 and 26 r N II. Fire Protection (Includin2Emeraenev 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: 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. '*I'll. 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 Lightin; A) Existing services: None B) Services to be provided: Street Lighting will be provided per the February 14, 1995 Development Ak-re::ment, .vith subsequent amendments. X. Planning and Zoninor 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. 90.141 Acre Sun City A'elgrhborhoo(1 ?5 and 26 7 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. ITtility 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 Mar C�I 90.141 Acre Sun City Neighborhood 25 anti 26 t. ^ o -k