HomeMy WebLinkAboutORD 2003-84 - ANX 2951 SH29 WestORDINANCE NO. c1003
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 308.06 ACRES, MORE OR LESS,
IN THE JOSEPH THOMPSON SURVEY, AS DESCRIBED IN EXHIBIT A OF
THIS ORDINANCE; OWNED BY SAN GABRIEL HARVARD, LLC., HARVARD
INVESTMENTS, INC. GENERAL PARTNER, 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, San Gabriel Harvard, LLC, Harvard Investments, Inc., general partner, submitted
a petition on July 16, 2003 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 San Gabriel Harvard, LLC, Harvard Investments, Inc., general
partner; 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 law and the City Charter have been complied with;
Ordinance No. c200 3 - 94
Annexation of 308.06 Acres, Harvard Investments, Inc.
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 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
effect.
Plan.
SECTION 2. The City Council of the City of Georgetown hereby annexes: 308.06 acres,
more or less, in the Joseph Thompson Survey, as described in the Petition and by metes and bounds
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 308.06 acres, more or less, in the Joseph Thompson Survey, as described
in Exhibit A of the is ordinance, is included in City Council District 3, as it is 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 (1, 0) 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 91h dayof December, 2004.
Ordinance No. OQC1A3P yd
Annexation of 308.06 Acres, Harvard Investments, Inc.
Page 2 of 3
ATTEST:
w
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
7
P ricia E. Carls
City Attorney
k�
Ordinance No. A00 `
Annexation of 308.06 Acres, Harvard Investments, Inc.
Page 3 of 3
THE CITY OF GEORGETOWN:
am "S
AUSTIN r •
• BOX I saw
2105 JUSTLY La:YE x103
(512) 454w"05
Sbect 2 of a
Attachment to Plat `Io.991AP
FIELD NOTES FOR 30 7.348 AC;R.ES
All that certax tract or parcel of land situated in the Isaac Donegan Survey, A478, and the Jos.
Thorrpson Surrey, A-608, in Williamson Counry, Texas and being all of a tract land, called
308.06 ac:ms, conveyed to South Fork Land Development Co. by deed recorded. in Volume 840,
Page 307 of the Deed. Records of Williamson County, Texas and beinrg more particularly described
by metes and 'bounds as foIIows:
BEGLv'NINr'G at an iron pin found on the Southeast line of State Highway :29 in
the Northwest comer of a 10.57 acre tact of land conveyed to Texas Trucking
Co. by deed recorded in Dociment ::9875155 of the Oficial Records of
Wiiliarason Count<✓, Texas, and the Northeast corner of the above mentioned
308.06 ac:a tract for the Northeast corner of suis =act.
TI E?vCE S 04°30'57" W 71.53 feet to an irca pin fogad in an angle point of the
said 308.06 acre tract and the said 113.57 act e pct Lor an angle point of this tract.
1 HMP rCE S 71248'00" E 556.84 feet roan iron pin found in an angle point of
the said 308.06 acre tract and rhe said I0.57 acre tract for an angle point of this
CraCL
Tr�CE S7901.9150 -11E iet
70.58 t to as iron vin round ata' ced-ar ta- in an
angle point ofthe said 303.06 acre tact and the said I0.57 acre tract r'or an angle
paint of =o s tract.
THENCE N 69320029" E 197.75 feet to a End nail found in a 14" live oak tree
ror an angle point of the said 308.06 acre trace, an angle point of the said 10.51
acre tract, and an angle point of this tract
Ti-fNCE S 251158'47" E 51.58 feet to a 40d uaiI found iu a fence post for an
angle point of the said 308.06 acre tzmct, the Sour�n corner of the said 110.57 acre
tract, the Wiz corner of a 291.09 acre tract conveyed to Judy W. Hindelang et al
by deed recorded in Volume 60 I, Page 755 of zhe above me moned Deed Records,
and an angle point of this tract.
THTNCE S 21°08'59" E 692.23 feet to an :ran pin set in an angle point of the
said 3 08. 06 acre cract for an angle point of this pct.
T;-t..t"'NCE S 21014129" E 393.19 feet to 3n iron pia found at ar, t3" cedar br an
angle poLrrt of the said 308.06 acre tract a nd an ans;le port of t4is tinct.
A
307.848 acres PAGE 3 OF 4
THENCE S 24054' 18" E 37.95 feet to an iron pin found at an 18" cedar for an
angle point of the said 308 06 acre tract and an angle point of this tract.
TFMNCE S 19°37'38" E 207.85 feet to an iron pig set at a fence post for an
angle point of the said 308.06 acre tract and an angle point ofthis tract.
THENCE S 2710571517' E 450.40 feet to an iron pin set at a fence post for an
angle poirit of the said 308.06 acre tract and an angle point of this tract.
THENCE S 20055'21„ E 91 I.32 feet to an iron pin set at a 20" cedar tree for an
angle point of the said 308.06 acre tract and an angle point of this tract.
THENCE S 21039154" E 388.51 feet to an iron pica found at a fence post for the
East comer of the said 308.06 acre tract and the East comer of this tract.
THENCE S 49'50'15" W at 225.04 feet pass an iron pin found at the end of a
fence on the top of a bluff and continue for a total of 295.15 feet to a point on the
approximate centerline of the South San Gabriel River for an angle point of the
said 308,06 acre tract and an angle point of this tract.
TF_ENv'CE un the approximate centerline of the
South San Gabriel River for the
following eight (8) courses:
(1) N 81057136" W
644.97 fart
(2) S 55606140" W
519.75 feet
(3y) S 2360'•'40" W
1534.01 feet
(4) S 69608140" W
326.36 feet -
(5) S 8542240" W
621. i6 t at
(6) S 57611'40" W
268.60 feet
(7) 3 700047"0'* W
755.`2 Beet
(3) S 75'49123" W
i 16.10 r"eat to the East corner
of a 103.9327 acre pct
of land ccriveyed to
Elbert L. Brown at ux
by deed recorded in Volume
2189, Page 585 of
The said Official Records
for South comer of the said
308.06 acre tract and the South comer of this
tract.
THENCE N 01°27'01" W with the Northeast line of the said 103.9327 acre tract
and the Southwest line of the said 308.06 acre tract at 39.61 feat pass a I" iron
bar found , at.197.08 feet pass a T -post driven 0.3 feet right of line, at 434.18 feet
pass a fence corner post 0.6 feet right of line and cant nue for a total of 1642.43
feet to an iron pins found at a fence comer post for an angle point of the said
I03.9327 acre tract, an xigle point of the said 308.06 acre tract and an angle
point of this tract.
TF.ENCE with the Northeast line of the said 103.9327 acre tract and the
Southwest line of rhe said 308.06 acre tract for the following nine (9) courses:
(1) N 8465T I5" E 498.40 feet to an iron pili found at a fence corner post.
(2) N 0953'34" W 350. 17 feet to an iron pin found
(3) V 114 020'27 11 W 383.79 feet to an iron pin found
(4) N 04°48''8" E 575.98 feet to an iroa pin found at a 24" hackberry tree
W4
307.848 acres PAGE 4 OF 4
(5) N 10°10'17" W 192.12 feet to a 60d nail found in a 12" elm treat
(6) N 40033707" E 13.02 feet to a 60d nail found in a 12" elm tree
(7) N 00016740" E 343.62 feet to an iron pin found
(8) N 0210040" W 320.09 feet to an iron pin faund
(9) N 01054108" W 1049?6 feet to an iron pin found on the South line of a
3S acre tract of land conveyed to F. Wood by deed recorded in Volume
514, page 498 of the said Deed Records, for the North corner of the said
103.9327 acre tract.
THENCE N 66°26138" E 17.47 feet to an iron pin found in the East corner of the
said 3.5 acre tract for an angle point of the said 308.06 acre tract and an angle
point of this tract.
THENCE N 16018120" W 162.71 feet to an iron pin set on the Southeast line of
State Highway :29 for the North corner of the said 3.5 acre frac•,., the West corner
of the said 308.06 acre tract, and the West corner of this tract.
THEN6 CE N 73'279'19" E with the Southeast line of State Highway X29 1728.55
feet to the POINT OF BEGiNN1NG, containing 307.848 acres of land, more or
less.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certiry that these
field notes were prepared from an on -the ground survey made under my supervision during
D=rnber of 1999 and are correct to the best of my knowledge and belief_ These Eeids notes were
prepared for a trarzsrer of title from South Fork Land Development Co to S.R. W'eisoerg, Trustee.
:Any use of this description by these or any other persons for any other use or pumose is exxpressly
prchit;ited.
Claude F. Hinkle, Jr.
R.P.L.S. No. 4629
23 f 4:rc �Y -
Date 991.DOC _
Is vu
Legend
,s...t.,
I ETJ Boundary
Parcels
I
1 0 City Limits
I
ROAD TYPE
i Collector
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NMI
Proposed Annexation
307.848, McLester Tract
Exhibit B
Annexation Request
307.848, McLester Tract
PE
Guy Property Annexation
Seperate Annexation Request
51
1
City of Georgetown
Freeway Planning and Development Services Division:
Local Draft Cartographic Data for Planning Purposes Only
Major Arterial August 1, 2003
Minor Arterial
0=100 Proposed ,Art 0 1, 250 2.500 5.01 0 t ~
Proposed Cull
Railroad
lFw, .i bt+ ",*R"
Exhibit C
City of Georgetown Municipal Service Plan
Introduction:
A request has been received from San Gabriel Harvard, LLC, by and through Harvard
Investments, Inc., its general partner, to annex a 308.06 acre tract out of the Joseph
Thompson Survey, Abstract No. 608, into the City of Georgetown. The property is
located 2.5 miles West of IH 35 and State Highway 29 intersection 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.
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:
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 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.
IIIc Solid Waste Collection
A) Existing services: None
B) Services to be provided: Solid waste collection shall be available to the
308. 06 Acres, Han-ard Investments, McLester 7ractAnnexation
1
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: None by the City. The annexed area is within the
Water service area of the Chilsom Trail Special Utility District.
V. Sanitary sewer Service
A) Existing services: None.
B) Services to be provided: Annexation Petitioner, San Gabriel Harvard, LLC
acknowledges that there is currently no municipal wastewater services
available to the annexed area petitioned by San Gabriel Harvard, LLC
and to the annexed area petition by Dr. W. T. Guy, Jr., 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 San
Gabriel Harvard, LLC and Dr. W. T. Guy, Jr., subject to the terms of the
Service Plan described below, which Petitioner, San Gabriel Harvard,
LLC, 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, Annexation
Petitioner San Gabriel Harvard, LLC or its successors in interest agree to
construct a 214nch wastewater gravity main from the eastern most point
of the annexed area (McLester /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 the Annexation Petitioner 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 have been agreed to by both Annexation Petitioner
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.
RITFM 0 Mi WO =N
A) Existing services: None
B) Services to be provided: Street maintenance and other street services shall be
provided to the annexed area on the same basis and at the same level as
308.06 Acres, McLester Tract Annexation
X
2
provided throughout the city.
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.
VI. 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 no cost beginning on the effective date
of the annexation ordinance.
IX. Street Lighting
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.
Traffic E—weerin
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.
Me PIannin2 and Zonin
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.
XM. 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,
308.06 Acres, Hari�ard Iiavestments, AkLester Tract Annexation
oaf). .01,003-N
3
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 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 System 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.
/'_
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.
XVIL 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.
XVL1I, 'Perm
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.
SIGNATURE PAGE TO FOLLOW
30&06 Acres, Hanwrd Investments, feLester Tract,4nnexation
4
1 ' 1 1F • 1 i i Ii ! U i
a ! a Ir ♦ a a R ! 1. ! :Val 0
Gary Nelon, Mayor
City of Georgetown
rr� i ♦ � �►
Patricia E. Carls, Brown & Carls, LLP
City Attorney
• f f
Vice President
308.06 Acres, Harvard Investments, AlfcLester Tract Annexation
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