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HomeMy WebLinkAboutORD 2002-71 - ANX Sun City 16ORDINANCE No. c>CU AN ORDINANCE OF O. gin. TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY F GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY a ! 4.825 RES, MORE OR LESS, IN THE FREDERICK FOY SURVEY, THAT ARE THE REMAINING PORTIONS OF NEIGHBORHOOD 16, SUN CITY TEXAS, AS DESCRIBED IN EXHIBIT A OF ORDINANCE; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENTBOUNDARY OF OF s• •TEXAS AND NOT BEING A PART OF ANY INCORPORATED AREA; PROVIDING FOR SERVICE PLANS; 'REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; x SEVERABILITY CLAUSEw AND ESTABLISHING AN 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 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 13, 2002; 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; Now, THEREFORE, SE IT OPDAINED BY THE CITY COUNCIL OF THE CITY CE 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 Ordinance P a.C2004P t Annexation o 4.626 Acres, San City iveighborhoad 16 Fuge 1 of 2 expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Ends of the Century Plan - Policy Plan Element: 1. Environmental and Resource Conservation End 3.0, which states: "The physical qualities that make Georgetown attractive are protected"; and 2. Growth and Physical Development End 7.2, which states: "Annexation procedures and standards benefit the community" 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: 4.825 ACRES, MORE OR LESS, IN THE FREDERICK FOY SURVEY, THAT ARE THE REMAINING PORTIONS OF NEIGHBORHOOD 16, SUN CITY TEXAS, 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 4. Ail 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 (0) ti=n days on and after publication in accordance with the provisions of the Charter of the City of Georgetcwr;. PASSED AND APPROVED on First Reading on the 12th day of November 2002. PASSED AND APPROVED on Second Reading on the 26th day of t 2002. ATTES Sandra D. Lee City Secretary APP :OVER AS TO FORM: Patricia E. Carts City Attorney Ordinance No. csla©6X 71 Annexation of 4.825 Acres, Sun City Neighborhood 16 t"a`3n. 2 of THE CITY OF GEORGETOWN: By: Gary/Nelon Mayor EXHIBIT A :METES AND BOUNDS DESCRIPTION NEIGHBORHOOD SLXTEE`7-3 AN`+IEXATION REMAINDER 4.825 ACRES (210,196 SQ, FT,) FREDERICK FOY SL'RVTY, A-229 WILLL#'VISON COUNTY, TEXAS Being -1.825 acres of land out of the Frederick Foy Survey, A-229 of Williamson County. Texas and being a part of a called 300.000 acre tract described as Exhibit "A" as conveyed to DEL W`EBB TEXAS LIMITED PARTNERSHIP in Document number 9655661 of the Oficial Records of Williamson County, Texas (O.R.W.C.T.) and also being a part of a called 425.964 acre tract described as Tract 4 as conveyed to DEL WEBB TEXAS LINUTED PARTNERSHIP in Document numbers 9558175-9558177 O.R.W.C.T. Said 4.825 acre tract being more particularly located and described as follows with all bearings being referenced to the Texas State Plane Coordinate Svstem NAD 83/HA IN 93 Datum, Texas Central Zone. All surface distances recited herein may be converted toArid by dividing by a combined scale factor of 1.00014: BEGINNING at a 3/4 inch iron rod found in concrete with plastic cap stamped "SURVCON INC" on the northerly Right -Of --Way (R.O.W.) line of Sun City Boulevard (120 foot R.O.W.) of PLAN�vED UNIT DEV'ELOPINIENT OF SLNt CITY GEORGETOWN EXTENTION OF SLTN CITY BOULEVARD BETWEEN NEIGHBORHOOD ONE -C & SIXTEEN as recorded in Cabinet R. Slides 108-112 of the Williamson County Plat Records (W.C.P.R.) for a southerly corr:er or this Tract. TKENCE. South d6°2 `-?2" West. departing the northerly Right-Of-Wat 'Line or` said Sun Cir✓ Boulevard, a distance of 120.09 feet to a point on the southeriv Right-Of-W'av line of said Suri Citti' Boulevard on the arc of a non-tam;ent cur✓e to the !eras for a corner of this tract: THENCE, alon.the arc of said non -tangent curve to the ler't along the proposed southerlvRi�ahr- departing Of-W'ay line of said Sun City Boulevard, passing. at a distance of 567.-11 feer the northvvesterty line line of said 300.000 acre tract and the southwesterly line of said 425.964 acre tract, in all an arc distance of 617.80 feet having a Delta angle of i 8° 14'-16", a radius of 1940.00 feet and a chord bearing and distance of forth 34°51`51" West, 615.19 feet to a point for a corner ofthis tract: THENCE, North 41°"_5'07' East. departing the proposed southerly Right-Of-WVay line of said Sun City Boulevard, and across said 125.964 acre tract, a distance of 1014.52 feet to a point for a corner of this tract: THENCE, South -2.901.1'38" mast, passing at a distance of 53.87 feet the line common to said 425964 acre tract and said 300.000 acre tract for a total distance of I23.35 feet for a corner of MS tract: Vii" '`.t.. 1:.. r_a c ?.t}!'x) 1Cre tract the lb!lo%VMIT iori�' triree (41 ) c-,� � i)uth 44:'4 )'3 1' East, a distance ill W5.25 reet to a point fora comeaa of this tract; mast. I �lisrance t}C �_ i feet t0 1 pt�lnt iOi' a corner of this :i1Ct: Pztc 1 o f 4 47 ? - i` NIC .-\lute R� n?inuet`adoc: 3. South 08°41'43'" East, a distance of i 18.04 feet to a point for a comer of this tract, 4. South 2 1"43'44" East, a distance of 199.14 feet to a point for a corner of this tract: 5. South 09°01' 17' East, a distance of 145.35 feet to a point for a comer of this tract: 6. South 20°30' 17" East, a distance of 113.61 feet to a point for a comer of this tract: 7. South 07°44'32" East, a distance of 94. t 6 feet to a point for a comer of this tract; 8. South 04"29'18" West, a distance of 94.36 feet to a point for a corner of this tract; 9. South 16°0721" West, a distance of 94.26 feet to a point for a corner of this tract; 10. South 29°42'21" West. a distance of 125.68 feet to a point for a corner of this tract; 11. South 4301721" West, a distance of 94.26 feet to a point for a corner of this tract: 12. South 55'1`41" West, a distance of 97.69 feet to a point for a comer of this tract; 13. South 57° X7'33" West, a distance of 268.31 feet to a point on the northerly Right -Of -Way line of said Sun City Boulevard for a corner of this tract: 14. 'Forth 21'*05'06" West. along the northern• Right-Of-Wav line of said Sun City Boulevard, a distance of ! 05. 4 feet, to a point on the arc of a non -tangent curve to the left for a Corner of this tract: 15. 31.52r'eet along the arc of the non -tangent curve to the left alone the northerly RigFht-Of- ,&,av line of said Sun Civ: Boulevard, having a Delta angle of 00°3555", a radius of 2060.00 feet and a chord bearing and distance of :north 32°32'59 West, 21.52 feet to a point of reverse curvature for a corner of this tract: 16. 38.62 feet along the arc of the non -tangent curve to the right de)artin.the northerly Right-Of-Wav line of said Sun Citv Boulevard, having a Delta anaie of 88°30'06". a radius of 25.00 feet and a chord bearing and distance ofNorth 31°33'37" East, 34.89 feet to a point for a corner of this tract: 17.North 65'48' 1 "East. -:; istarce of 81.79 feet to a point for a corner of this tract: 18. South 24°1 1'43" East, a distance of 110.00 feet to a point for a comer of this tract: V ., o �_. J mast, a di.,i.:rCe or , _ .6.1 tee LCA a point Lor a tamer of l.is t acL, 20. North 52° 17'09" East. a distance of 137.72 feet to a point for a corner of this tract: 1. L rth 3° t i lust, a distance oF-?8.16 feet to a point :ora comer of this tract: P'jo?x? ill -4 -!795-0 NlO atulex Pernainder.O'0c ���z.� 23. North 29°=17'21" East, a distance of 76.19 feet to a point for a corner of this tract: 33. North 24°33'53'' East, a distance of 47.64 feet to a point for a comer of this tract: 24. North 1el 6°:1`32" East. a distance of 93.62 feet to a point for a comer of this tract; 25. North 04°76'02" East, a distance of 93.62 feet to a point for a corner of this tract: 26. ;north 05°: 7'27" West, a distance of 93.88 feet to a point for a coiner of this tract; 1.7. North 20°30' 17" West, a distance of 313.41 feet to a point for a corner of this tract; 28. North 18°58'38" West, a distance of 75.03 feet to a point for a. corner of this tract; 29. North 13°18'39" West, a distance of 201.62 feet to a point for a corner of this tract; A. North 23°30'53" West, a distance of 107.06 feet to a point for a comer of this tract; 31. North 44°40'34" West, a distance of 18.36 feet to a point for a comer of this tract; 37, North 81°54'33" West, a distance of 112.66 feet to a point for a corner of this tract: 33. South ">°39'43" West, a distance of of 100. feet to %0 tact; feet to a point for a comer �f this tract; South 0� 33" "°�7 " West, a distance of 8 feet to a point for a corner of ti:is tact; . . .63 S 1'1Ih 1 '°^'''11 -' W� St, a distarce of 80.62 feet to a point for :or If r of tills traW r 36. South 20°30' i 7" East, a distance of 53.30 feet to a point for a corner of this tract: 37. South 62°37'47" West, a distance of 10 7 .'• 3 feet to a point for a corner of this tract; 38. South 40°03"07" West, a distance of 148.98 feet to a point for a corner of this tract, 39. South 18Q75"' West, a distance of 148.98 feet to a point for a comer of this tract; 40. South 03" 12'04'" East, a distance of 74.49 feet to a point for a comer of this tract; 41. South 08`29'00" East, a distance of 95.60 feet to a point for a corner of this tract: .South 2=>°l ('s;' East. a distance of 471.89 feet to a point on the arc of a non -tangent .tL �'� t'v tiie rl�n::ur,7. ;:Omer ��t tht:i tract, Pat ?c .>14 t 7-(jy, N I b _'innte' EiellialII-! r.ilol 43. 36.52 feet along the arc of said non -tangent curve to the right to the northerly Right -Of - Way line of said Sun City Boulevard, having a Delta angle of 83°42'10", a radius of 25.00 feet and a chord bearing and distance of worth 6 1°33`2" West, 33.36 feet to the POT OF BEGINi `r G containing. a computed area of 4.825 acres of land. This metes and bounds description is accompanied by a sketch of easement. T his document was prepared under 22 TAC 66.) ..1. does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Registered Professional Land Survevor Texas Registration Number 4552 Prepared by: SUR .'CON INC. =00 West 1 �`'', Suite 1030 Austin, Texas 787 01 Date: o z *''7 (July 19, 200'.) Revised: 3uiv 26. 2002 -Changed area of Annexation remainder. .�,>>>>>�nennoo reosi m> J `> 3 C"' tkPHIC SCM EXHIBIT B 200 0 t00 200 400 800 ( IN FEET ) i I inch = 200 (t. / l DEL AEeS "ERAS UM1KD PARTNERSHIP (CALLED 425.964 ACRES) TRACT 4 J� DOCUMENT NOS. 9558175-9558177 / O.R.W.C.T. %7/7URE D£I.£LA"urw �? J ni FREDERICK FCY SURVEY A — 229 j' / , EXIST. C.T.S.U.D. 20' W.L.E 4 10' ACCESS ESMT.\\\ DOC. .R. C.T. 1 / O.R.W.C.T. / v , i i j a i . J CEL ACUB TEXAS UMi7�dL D ?ARTtvEBSN�P *� !CAU EED 300.CCO ACRES) EXHIBIT 'A' I DOCUMENT NO. 9655667 0 8 Po f FO(MO Z/4 -NCH i I.R. w CRETE )VOTES: PARCEL THREE ORDINANCE 98-68 CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS N 0 or"SEL WEBB TEXAS LIMITED PARTNERSHIP (CALLED 300.000 ACRES) EXHIBIT 'A' OCVJMENT NO. 965566' O. R. W. C.". PARCEL NO. 1 alai (CALLED 11.977 ACRES) '-'xo SUN CITY CEOERCETOWN P, CCMMUNt TT' .ASSOCIATION. ;NC.. DOCUMENT NO. 199925450 SKETCH OF C ,'.f Pt IB A'Si;S.-A ?F SYSTEM, TEXAS CENTRAL 7CNE, NA081 WARN 93 LJATIJU EXPRESSED IN U.S. SURVEY FEET. ALL 'SURFACE DISTANCES MAY BE CONVERTED TO GRIL) VALUES BY DIVIOSNG ;SY THE CO iSvI L':i _L.ALE AC LCR OF i.000 4, I THIS BGUNOARY MA6- EXHIBIT IS ACCOMP=ANIED BY .4 NARRA T)bE !,HETES ANL BOUNDS DEECR PION. Pv ' 7, )F I^'AL RE""PDS OF ,-, .MI_ Pv ' > !AAA Ct.' LT ,-, .MI_ QF ) u7f{r f I PARCEL NO. 3 (CALLED 87.120 ACRES) SUN CITY GEORGETOWN DMMUNITY ASSOCIATION, INC. DOCUMENT NO. 199925450 O.R.W.C.T. l twlTlftl�titTCiLlL1, ANNEXATION RE INTER BEING 4.825 ACRES (210,196 SQ. FT.) OF LAND OUT OF A 425.964 ACRE TRACT IN THE FREDERICK FOY SUIS"lEY, A--229 WILL1A.MSOL? COUNTY, TEXAS AE RECORDED IN DOCUMENT Nos. 9558175-9558177 AND OUT OF A 300.000 ACRE TRACT IN THE FREDERICK FOY SURVEY, A-229 WILLIA.MSON COUNTY, TEXAS AS RECORDED IN DOCUMENT No. 199925450 OF Tlsc 791LIJAMSON CO(;NT-i OFFICIAL RE ORDS SuRlC0N INC. ----___ ( PROFESSIONAL SUtRVE CORS -400 7=1 1 15th STREET. SUITE 1020. _ EXHIBIT C City of Georgetown Municipal Service Plan Introduction: Requests have been received from Dell Webb Limited Partnership to annex a 4.825 acre tract, more or less, out of the Frederick Foy Survey, into the City of Georgetown. The property is located around Parcel Three annexed in Ordinance 98-68, north and east of the current extension of Sun City Boulevard, 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 Neighborhood 16, Sun City Texas. 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 urea, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. A Development Agreement (hereinafter "the Agreement") was approved and made effective on February 14t'' 1995, last amended on February 27`n 2001, and is recorded in the records of Williamson County. The Agreement addresses the time period for construction of water and wastewater improvements and governs the provision of certain city services to the tract. Municipal facilities and services to the annexed area will be made available or provided by the City within 2 1/2 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 c,lt-rently provided 1roughout the ci+v. ;) Animal control services will be provided in the area when requested. II, Fire Protection (including Emergency Ambulance) A) Existing services: None B) Set -vices to be provided: Fire protection personnel and equipment from the city fire Annexation Service Plan — Sur, % ity Texas, Neighborhood Sixteen -three Page 1 cf 3 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: In accordance with the terms of the Agreement. V. Wastewater Service A) Existing services: None B) Services to be provided: In accordance with the terms of the Agreement. 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. Vil. 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. Vill. 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: 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. Planning and Zoning A) Existing services: None B) Services to ?: e r'rt ided: Tile piannintg w d zoning jurisdictions including the .tvi i. subdivision platting process of the city, will extend to the annexed area on the effective date of the annexation ordinance. XI. Buildin Inspect spection -Code Enforcement A) Existing Services: None Annexation Service Flan — Sun City Texas, Neighborhood Sixteen -three Page 2 of 3 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. X11. Miscellaneous All other applicable municipal services will be provided to the area in accordance with policies established by the City. X1111. 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. 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 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. 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 43.0661 of the Texas Local Government Code, Annexation Service Plan — Stan City Texas, Neighborhood Sixteen -three Page 3 of 3