HomeMy WebLinkAboutORD 2003-83 - ANX San Gabriel RiverORDINANCE i . /i i
FTWQA�U! 1 oil *36
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 hating 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 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
August 12, 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 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 laver and the City Charter have been complied with;
Ordinance No.go
Annexation of 9.88 Acres, Guy Property
Page 1 of 3
NOW, THEREFORE, BE
GEORGETOWN, TEXAS, THAT:
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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 Pian,
SECTION 2, The City Council of the City of Georgetown hereby annexes: 9.88 acres, more
or less, in the Joseph Thompson 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
pian.
SECTION 3. The 9.88 acres, more or less, in the Joseph Thompson Survey, as described in
Exhibit A of he is ordinance, is included in City Council District 3; as itis adjacent to Council District 3
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 14th day of October 2003.
PASSED AND APPROVED on Second Reading on the dayof
Ordinance No. 9003 r
Annexation of 9.88 Acres; Guy Property
Page 2 of 3
ATTEST:
,"
Sandra D. Lee
City Secretary
APPRO ED AS TO FORM:
4Ptricia
E. Carts
City Attorney
Ordinance No. 3
Annexation of 9.88 Acres, Guy Property
Page 3 of 3
THE CITY OF GEORGETOWN:
EXHIBIT
FIELD NOTES
DATE: MAY 30, 2003
FILE. Projects\Egpt_03130026_SANCTUARY\Documents\MetesBBounds\WWL_ESMT GUY doc
PAGE. 1 OF 4
PROPOSED WASTEWATER LINE EASEMENT
All that certain tract or parcel of land situated in Williamson County, Texas, out of the Joseph
Thompson Survey, Abstract No. 608 and being a portion of that tract described as "457 acres of
land, more or less" in a Warranty Deed granted to W. T. Guy, dated December 26, 1947 and
recorded in Volume 345, Page 460 of Deed Records Williamson County and further described by
metes and bounds as follows:
BEGINNING at point in the described north line of said Guy tract, said north line tying adjacent to
the north line of said Thompson Survey and the common south line of the issac Donagan Survey,
Abstract No. 178, for the northwest corner of this tract, a 314" iron pin found bears N 68"45'55" E
246.00 feet for the occupied southeast corner of that tract described as 308.06 acres of land in a
General Warranty Deed granted to Eimer L. McLester, Trustee, dated March 13, 1981 and
recorded in Volume 830, Page 290 of said deed records and the occupied southwest corner of
that tract described as 291.09 acres of land in a Deed granted to Judy W. Hindelang, et al, dated
December 26, 1974 and recorded in Volume 601, Page 755 of said deed records;
THENCE: into
said Guy tract, as described,
100.00 feet north of and parallel to the approximate
center line of the
South Fork
of the San Gabriel River, said river center line being the south line of
said Guy tract
as described,
in the following
fifteen (15)
courses,
1.
S
72°08153"
E
57.29 feet to a
point,
corner
1
S
53014'44"
E,
at approximately
7655'36"
32.21 feet passing the south line of said McLester
270.35
tract as described and
monumented, in all 206.17 feet to a
point,
3.
S
30008124"
E
219.69
W
feet
to
a
point,
a
4.
S
06032'07"
E
363.99
176.91
feet
to
a
point,
point,
5.
S
23049'17"
E
299.34
feet
to
a
point,
6-
6.
S
32033'09"
E
321.67
feet
feet
to
a
point,
N
7
S
49037'32"
E
305.77
to
feet
to
a
point,
5957'03"
8.
S
59°57'03"
E
160.86
a
feet
to
a
point,
W
9.
S
73057'41"
E
323.44
point.
feet
to
a
point,
344,32
10.
S
67°39'45"
E
373.40
11
feet
to
a
point,
11.
S
61017'55"
E
307.39
feet
to
a
point,
12.
S
75'30'23"
E
149.19
30008'24"
feet
to
a
point,
to
13.
N
8708'223"
E
2""•7.51
W
feet
to
a
point,
a
14.
N
76"55'36"
E
254.93
at approximately
feet
to
a
point,
15
N
69°30'27"
E
586.35
most westerly
feet
to
a
point in the westerly line of
the City of Georgetown city
limits, as defined
by the
City of
Georgetown published GIS
data available on the date
of
this description,
for
the northeast
corner of this tract;
THENCE. S
23'37'48"
E 100.
15 feet to a point in the aoproximatp center fine of said San Gabriel
River for the
southeast
corner
of this tract:
THENCE:
along
the approximate
center line of said San Gabriel River, said center fine being the
south line
of said
Guy tract, in the
following fifteen (15) courses,
1-
S
69°30'27"
W
598.31
the north line of said Joseph Thompson Survey
feet
to
a
point,
2.
S
7655'36"
W
270.35
feet
to
a
point,
3.
S
87008'23"
W
301.70
feet
to
a
point,
4.
N
75030'23"
W
176.91
feet
to
a
point,
5.
N
61017'554
W
314.30
feet
to
a'point,
6-
N
67°39'45"
W
362-34
feet
to
a
point,
7.
N
73"57'41"
W
330.22
feet
to
a
point,
8.
N
5957'03"
W
182.18
feet
to
a
point,
9
N
49037'32"
W
329.81
feet
to
a
point.
10
N
32033'09"
W
344,32
feet
to
a
point,
11
N
23049'17"
W
322.17
feet
to
a
point,
13.
N
30008'24"
W
178.35
feet
to
a
point,
14.
N
53014'44"
W
169.08
feet
to
a
point,
15.
N
72"08'53"
W
at approximately
7 68 feet passing said south line of the McLester
tract, in ail 16.1
75 feet
to a point
in the north line of said Guy tract, as described, for
the
most westerly
corner of
said
Guy tract and this tract;
THENCE.
N 68045.55" E 158 61 feet with the north line of
said Guy tract,
as described and
adjacent to
the north line of said Joseph Thompson Survey
to the point of
Beginning and
containing
9 88 acres of land.
nn
a. 1
"A"
4 r , 0 t
FIELD NOTES
DATE. MAY 30, 2003
FILE: Projects\Egpt 03`30026 SANCTUARY\oocumentstMetes&BoundskVVWL_ESMT GUY.doc
PAGE: 2 OF 4
PROPOSED WASTEWATER LINE EASEMENT
Bearings cited hereocq,rotated to State Plane Coordinate System (SPCS 83), Texas Central Zone,
based on th v.0of, ed% own's High Accuracy Reference Network (HARN)
r
F S�
Castleber ' Sutveyirt Ine i=
203 Sou
(Iflnrnul.` a101C�'
un.,Txi"c74*)H1 it: i`.
U
L;tyoe L. L;astieoerry, jr.
Registered Professional Land Surveyor No. 4835
CCC/hbb
EXHIBIT B
\
.. ... r.. .. ... .. .. .. .... `\
too
Uf
PROP gEo \N Ppp Np No x¢114{
�tl £5GR P P OPO 9
0
\NE 3 5I460 0 6. w yR N j�F fi83 Z
PB ek S ps5G t8g0
Ci
r
Atoo
Scale: t'• = 2000
N o.
mi
EXHIBIT TO ACCOMPANY Mt l t%%:) AINU
BOUNDS DESCRIPTION OF PROPOSED 9.88
ACRE WASTEWATER LINE EASEMENT TO THE
CITY OF GEORGETOWN, TEXAS
Castleberry Surveying, Inc.
203 South I.H. 35, Suite 101
Georgetown, Texas 78628
(512) 930--1600/(512) 930-9389 fax
enroll: Inf oCc:astl eberrysurveying.com
E"aof_0-7 G026_SA.ti'C;UA RY\ORAWtNGS \OE.`iIGN. WCRK\WWF-_WORK_052?03.
V
7
M
zttz
Zk
{+
h
x
4t
�ul
ti
0
(t)
Al
I DRAB bos'n I
OF
i
z
t
J
x
x
ti
ti
�
Q
L
2
Al
I DRAB bos'n I
OF
0m
M0
MCM
z
0>U)
�M
0 Ut —4
71>00O
ITIM"U,J
O n
M,-00
OZou
zso'
-4Ma>
Om"nz
z(AMM
mom
MOM
AZ(
>.1rr,
....1 o D
O* 0
�03
Cn
M
I*
9
1
TC"
WE
SHEET
/14
V
MATCh
Ut
SINE
SHEET
y3
rZ
-`
O
m
rnW
z
z
z
z
z
z
(Wn
W
W
W
W
W
v
M
V
U1
W
to
V"
V
W
W
0
�J
;o
W
N
(.
O
W
O
.:;
U1
:_J
O
W
N
n
-:I
O
-+
O
0
W
W
L+
00
—
O
toW
ACbv0vavW
AWrj
Cfl
(J�
N
O
N
-0
N
O
N
N
z
V�
W>
.+.
W
W
W
W
W
W
.
i
TT,
MA
TC"
WE
SHEET
/14
V
MATCh
Ut
SINE
SHEET
y3
N—
O
to
CO
W
V
Of
Ut
>
S.+
rZ
-`
O
m
rnW
z
z
z
z
z
z
(Wn
W
W
W
W
W
v
M
V
U1
W
to
V"
V
W
W
0
�J
;o
W
N
(.
O
W
O
W
U1
tD
O
W
N
n
-:I
O
-+
O
0
W
W
L+
00
—
O
toW
ACbv0vavW
AWrj
Cfl
(J�
N
O
N
-0
N
O
N
N
z
V�
W>
.+.
W
W
W
W
W
W
.
,
mg�gg�mmmmmm
-•
r�
N
to
O
it�rnmvon�o.a.m
a
vN
-I
0
V0
W
—
i0
cnmcn
W
—cncorn�v
n
Sy�����9��1`
Castleberry Surveying, Inc.
203 South I.H. 35, Suite 101
Georgetown, Texas 78628
(512) 930-1600/(512) 930-9389 fax
email: lnf oCcastl eberrysurveying.com
F14 Erpr-_pT`��<; (�2F_S.,NCT7J:iRY\DRAWfNGS \DESIGN_WORK\WWt._WCRX_0.52
0
05130103
bos n
OF
Exhibit C
City of Georgetown Municipal Service Plan
Introduction:
A request has been received from Dr. W. T. Guy, Jr., to annex a 9.88 acre tract out of the
Joseph Thompson Survey, Abstract No. 608, into the City of Georgetown. The property
is located 100 feet north of and parallel to the approximate centerline of the South Fork of
the San Gabriel River 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 of San Gabriel Estates
Subdivision.
This service plan has been prepared in accordance with Section 43.056 of the Texas
Local Government Code.
�r r r. r r• ' � r•e
Municipal facilities and services to the annexed area will be made available or provided
by the City within ? '/Z 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.
He Fire Protection (Including 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.
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
9.88 Acre Guy Tract, South Fork of the San Gabriel River
1
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 Ci
A) Existing services: None.
B) Services to be provided: None by the City. The annexed area is within the
water service area of the Chisholm Trail Special Utility District.
V. Sanitary Sewer Service
A) Existing services: None.
B) Services to be provided: Annexation Petitioner, Dr. W. T. Guy, Jr.,
acknowledges that there is currently no municipal wastewater services
available to the annexed area petitioned by Dr. W. T. Guy, Jr., and to the
annexed area petition by San Gabriel Harvard, LLC, and that the City of
Georgetown cannot and is not agreeing in this Service Plan to provide
such service in accordance with the time period specified in Section
43.056(b) Texas Local Government Code, and that sanitary sewer service
is being provided by the City to the annexed areas petitioned by Dr. W. T.
Guy, Jr. and San Gabriel Harvard, LLC, subject to the terms of the
Service Plan described below, which Petitioner, lir. W. T. Guy, Jr., by its
signature below, acknowledges accepts and approves.
At its sole cost and expense and subject to construction plans reviewed
and approved by the City of Georgetown Utility System, San Gabriel
Harvard, LLC or its successors in interest agree to It;oristiuct a 21 -inch
wastewater gravity main from the eastern most point of the annexed area
QvIcLester /Sanctuary Tract -308 acres) along the South San Gabriel River
waterway eastward, a baseline distance of approximately 13,000 lineal
feet connecting to the Simon wastewater line at the west side of the Simon
Mall Tract (the "'Wastewater Line"), at an estimated cost of
$1,250,000.00. Construction Plans for the Wastewater Line prepared by
San Gabriel Harvard, LLC will be approved by the City only after a
development agreement addressing the timing of construction, timing and
amount of reimbursement for any oversizing of the Wastewater Line, and
the fiscal surety for construction has been agreed to by both San Gabriel
Harvard, LLC and the City. Unless and until such development agreement
is adopted, no sanitary sewer service shall be provided to the annexed
area.
VI, Maintenance of Roads and Streets
A) Existing services: None
B) Services to be provided: Street maintenance and other street services shall be
orovided to the annexed area on the same basis and at the same level as
provided throughout the city.
9.88 Acre Gary Tract, South Fork of the San Gabriel River
N
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.
A) Existing services: City library taciitties are presently avaname.
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.
IX. Street Lightin
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.
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.
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.
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
9.88 Acre Gin, Tract, Soulh Fork of the San Gabriel River
3
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.
XV. Utility Svstem Capital Improvements
The construction of any utility system capital improvements shall. be in
accordance with the terms of the Agreement. The 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.
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.
XVH. 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.
XVM. 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.
XX. Attestation by Owners
By our signatures below, each Owner and Petitioner of the annexed area hereby
agrees and attests as follows:
As is stated in Section 43.056(e) of the Texas Local Government Code, the City
and the Owners agree that the development project within the annexed area,
because of its size or projected manner of development, will be subject to a
Development Agreement.
The Petitioners understand that municipal wastewater service is currently not
available in the area of the property to be annexed. Petitioners further understand
and agree that provision of such municipal wastewater services to the a:nexed
area would require substantial capital improvements that are not in the City's
9.88 Acre Guy Tract, South Fork of the San Gabriel Rizer
ro UPOW.TiTo tMlrom
4
current or long-range Capital Improvements Plan. Therefore, Petitioners
specifically agree that the City is not obligated to provide municipal wastewater
service to the annexed area within the timeframes stated in § 43.056 of the, Texas
Local Government Code. Petitioners further agree that municipal wastewater
service will only be provided to the annexed area if the City and the Petitioners
enter into a mutually acceptable agreement providing for the design and
construction of, and payment for, the capital improvements required, to be
constructed in order to provide municipal wastewater service to the annexed area.
City of
as to Form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
ANNEXATION PETITIONER:
Dr. W. T. Guy, Jr.
9.88 Acre Gary Tract, South Fork of the San Gabriel River 5