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ORD 2013-52 - ANX Arbors at Georgetown
Ordinance No. ao 11� 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 37.88 acres, more or less, in the Roberts, Lewis and Lord Surveys, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area under the terms of Section 3.1 of said Development Agreement; 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 October 8, 2013; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on October 8, 2013, and October 22, 2013; 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, 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 37.88 acres in the Roberts, Lewis and Lord Surveys, as shown in "Exhibit A" of this ordinance, and as described in "Exhibit B" of this ordinance. "Exhibit C" contains the service Ordinance No. 0© 19 - S a Page 1 of 2 Description: Arbors at Georgetown Village Exhibits A, B, C attached Date Approved: 11.26.2013 Case File Number: ANX-2013-007 plan. Section 3. The 37.88 acres is hereby included in City Council District 5, as it is adjacent to Council District 5 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. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 12thday of November, 2013. APPROVED AND ADOPTED on Second Reading on the 260, day of November, 2013. Attest: Jsa Brettle ecretary Approved as to form: Bridget Chapman City Attorney The City of Georgetown: 'iv-ar- George G rver Mayor Ordinance No. = Page 2 of 2 Description: Arbors at Georgetown Village Exhibits A, B, C attached Date Approved: 11.26.2013 Case File Number: ANX-2013-007 Legend ® Site ® Parcels esr.�saa City Limits AGEGET0WN Exhibit A TEXAS D Georgetown ETJ .cr avi tp OR ZyO. ��P 3 - . LONE s r t 10 T T �. tp Z Wy/SpERING aR " WtN� �0�0_ Otz _ BLACKSMITHSWHIS to,Nn� rn r ANX=201.3-007 .cr avi Exhibit B - Survey 0.995 ACRES (43,357 SQ. FT.) Wm. ROBERTS SURVEY, A-524 ANNEX AND ZONING FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OF LAND OUT OF THE WILLIAM ROBERTS SURVEY, ABSTRACT 524, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF A 30.289 ACRE TRACT OF LAND, CONVEYED TO GREEN BUILDERS, INC., 1N DOCUMENT NUMBER 2013052419, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 0.995 ACRE TRACT (43,357 SQ. FT.) MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at the southernmost southeastern corner of a 21.5368 acre tract conveyed to Wilson Family Communities, Inc., in Document No. 2012066191, (O.P.R.W.C.TX.), also being a northern corner of said 30.289 acre tract, for the westernmost corner and POINT OF BEGINNING of the herein described tract, from which a capped iron rod found for a southern corner of said 21.5368 acre tract, also being an interior ell corner of said 30.289 acre tract, bears S85°44'45"W, a distance of 119.31 feet, THENCE, with the common boundary line of said 21.5368 acre tract, and said 30.289 acre tract, N09°17'22"E, a distance of 63.69 feet to a capped iron rod found, THENCE, with the common boundary line of said remainder of 270.968 acre tract and said 30.289 acre tract, S44°56'06"E, a distance of 1281.37 feet to a calculated point at a point of curvature to the left in the northern right-of-way line of Shell Road (80' R.O.W.), also being the southernmost corner of said remainder of 270.968 acre tract, and also being the northeastern corner of said 30.289 acre tract, THENCE, with the common boundary line of said 30.289 acre tract and said Shell Road, with said curve to the left having a radius of 1535.24 feet, an arc length of 16.47 feet, and whose chord bears S44°00'11"W, a distance of 16.47 feet to a calculated point, THENCE, crossing said 30.289 acre tract, N46°33'20"W, a distance of 1244.94 feet to the POINT OF BEGINNING and containing 0.995 acres (43,357 Sq. Ft.) of land. APSE ©fir S7, •; Surveyed by: C Tu L -'Lok :•• Rio AARON V. HOMASON, R.P.L.S. NO. 6214 , s••.,.., V j' Carlson, Brigance and Doering, Inc. •••• k�MA� 5501 West William Cannon •: o ••s?)q Austin, TX 78749 �y�:....... Ph: 512-280-5160 Fax: 512-280-5165 S�RVE(O� aaron@cbdeng.com BEARING BASIS: TEXAS COORDINATE SYSTEM, CENTRAL ZONE (4203), NAD 83 J: 4620\SURVEY\FIELD NOTES\FN-0.995 AC ANNEX AND ZONING 5K�-i"CH 1-0 F I F-�' L- P N 01"�- 5 21.5168 ACRES WILSON FAMItY COMMUNIAES, INC 1' DOCI 2012066191 f MAT of f 1WaNNwGCOOY 1 J0.289 PINDL GREEN MOM INC DOCI 201JO52419 f a :n \4, 55.778 ACRES K8 NOME LONE STAR INC. f2012104627 f ?p, if SGLLE: 1' .5110' LEGEND Q EALMATED PM1 0 IRON ROD FOUNO UNLESS OTNERMSE NOTED REMAINDER OF 270.968 AGES JMK TRIPLE S, CTD. DOC1 9553466 Il'l �g 9y, J0.289 f GREEN MOMS, INC. GOC/ 201JO52419 s ff UR�Y R�,�2 f 4 ff ff 1 �'o`.� © FR .'�� �'• O� AARON V. THOM/ ..�....... ..... 4 _ 6214 / 0,995 ACRES / (43,357 SQ. FT) Oi 181E TME —� jig _ 1FNCIN _BEARING 11 61.69 N09'1722 t L? 119.11 S85405V CURE£ IAB1F CURVE RADIUS tENC7H CHORD CHORD BEARING )ANGENI CI 1515.4' 16.47 16,47' S44'00'11'W 8?3 l ZO BEARING 84515; TEXAS COORORIAIF SYSTEM, CFNIRAt. TONE (4201), A140 V C B D Carlson, Brigance & Doering, Inc. Civil Eponwing ♦ St'"I'Ag 5501 Nest krobm Cxnnon D6vc ♦ Awu s Tcxst 7$74'1 Ph{me t\Io. (512) 2805160 t Fax N4c-. (514 2803165 PATH:- J: 4620\SURVEY\FN-0.995 AC ANNEX AND ZONING ;Page 3 of 5) Exhibit B - Survey FIELD NOTES 30.289 ACRES Wm. ROBERTS SURVEY, A -S24 TITLE AT CERTAIN TRACT OF LAND OUT OFTHE WILLIAM ROBERTS SURVEY, ABSTRACT 524, SITUATED TEXAS, BEiNG MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THE A 27046k ACRE TRACT CONVEYED TO !MK TRIPLE S. LTD IN DOCUMENT NUMBER 9553466, REO WILLiAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 30.289 ACRE TRACT MORE E5 A BOUNDS AS FOLLOWS: BEGINNING, a cap r ro found for a southern corner of said remainder of 270.968 acre tract, common to the nc easy cor r o V13 acre tract conveyed to Wilson Family Communities Inc in Document No. 20100293 P. C. so being in the western right-of-way line of Shell Road (80' R.O.W.), for the southernmost thw er and POINT OF BEGINNING of the herein described tract, THENCE, leaving s est rig t -o way lin with the common boundary line of said remainder of 270.968 acre tract and said 7.173 ae act, '3 , a stance of 675.03 feet to a capped W iron rod found, for the northwestern comer f sal 73 ac ra mmon to a southwestern corner of said remainder of 270.968 acre tract, also being an efi c east boundary line of a 55.778 acre tract conveyed to KB Home tone Star Inc., In Document No. 20121 27, ..R., THENCE, with the common bol following eight (8) courses and 270,968 acre tract and said 55.778 acre tract, the 1. N07'47'19"E, a distance of 37 6 f to a ped W iron rod set, 2. N59`17'03"W, a distance of 6 .9 ee�tcapped K" iron rd set, 3, S53'40'Ol"W, a distance of 36. fepped 31" fr ro et, ata point of curvature to the right, 4. With said curve to the right having a radius of 330. eet, an a length of 151.44 feet and whose chord bears 566°48'51"W, a distance of 150.12 feet cap :iron oil set S. N10`02'19"W, a distance of 60.00 feet to ppe�%."-An d se , 6. $79'ST41"W, a distance of 124,71 feet t cap od et, of a point of curvature to the left, 7, With said curve to the left having a radius 330.c length of 364.90 feet and whose chord bears 548'17'03"W, a distance of 346.59 feet a ca d set, and 8. N73°23'35"W, a distance of 697.16 feet to a capped K" on ro et, the easternmost corner of a 0.484 acre tract conveyed to Wilson Family Communities, i ., D um t N . 2012066191, O.P.R.W.C.TX., common to a southwestern corner of a 21.5368 acre rac c eyed o Wilson Family Communities, Inc., In Document No. 2012066191, O.P.R.W.C.TX., also be a north rrrrser r said 55.778 acre tract, THENCE, with the common boundary line of said remainder of 270.968 cre act a d s id 221.5368 acre tract, the following seven (7) courses and distances, numbered 1 through 7, 1. 2. 3. 4. S. 6. 7. N39'18'54"E, a distance of 203.97 feet to a capped Y:" Iron rod fo N62.33'38"E, a distance of 413.18 feet to a cotton spindle found, N69'29'04"E, a distance of 115.96 feet to a capped A* tron rod found NBS'38'22"E, a distance of 503.21 feet to a capped SS" iron rod found, 503`05'39"W, a distance of 296.91 feet to a capped Y:" iron rod found, N85"44'45"E, a distance of 119.31 feet to a cotton spindle found, and N09'17'22"E, a distance of 63.69 feet to a capped A" iron rod set, in an tract common to a western line of said remainder of 270.968 acre tract THENCE, crossing said remainder of 270.968 acre tract, 544'56'06"E, a distance c rad set, at a point of curvature to the left, in an eastern line of said remainder of the northwestern right-of-way line of said Shell Road, Page 1 of 2 Page 4 of 5) Exhibit B - Survey 34.289 ACRES Wm, ROBERTS SURVEY, A-524 TITLE CE, ith said curve to the left having a radius of 1535.24 feet, an arc length of 854.59 feet and whose chord rs s 21'4rW, a distance of 843.60 feet to the POINT OF BEGINNING and containing 34.289 acres of land. Ono . VOPPKkON, R.P.L.S. NO. 6214 }f, e d Doering, Inc. .t Wi rn Cannon 5u=2 0x160 N Fax, 512-280-5165 0 BEARING BASIS: TEXAS COOR"TESYM�NE 19203), NAD 83 C> Pa of 2`'{ 0 :Page 5 of 5) Exhibit B - Survey dated May 28, 1947, granted by Mrs. Fannie Sudduth et al to Brazos River ctric Cooperative, Inc. recorded in Volume 351, Page 3, Deed Records, Texas. Ease %e ,1=e"ow utr of the cor Tempora, =ubco uti y 1P Georgetc w ed i Texas. Drainage and Wa f Q Triple S, Ltd., =,I Development, Inc., rec County, Texas. Public utility and draina Georgetown, recorded County, Texas. Terms, provisions and i 985, granted by Joy Shell Adkins et at to General Telephone Company Ph Volume 1218, Page 655, Official Records, Williamson County, Texas. dated June 27, 1997, granted by JMK Triple S Ltd. to City of ment No. 9731723, Official Public Records, Williamson County, ities Easement dated August 27, 2002, by and between JMK �e Public Improvement District No. I and Shell Ranch 8ocyMent No. 2002069872, Official Public Records, Williamson The rights, if any, of persons who ai�po outside of the fences as shown on t". RPLS No. 6214 of Carlson, Brigance and Uneven spoils area as shown on survey i No. 6214 of Carlson, Brigance, and Doeri August 27, 2002, by JMK Triple S, Ltd. to the City of Jo. 2002080822, Official Public Records, Williamson C'N Georgetown Title Company, inc, of record. of apy portion of the subject property that lies eNuary 7, 2013, by Aaron V. Thomason, 7,/2013, by Aaron V. Thomason, RPLS FILED OFFICIAL PUL R KS' 06/06/2013 0 CpHELPS $W' NANCY E. RISTER, COU UILLIAMSON COUNTY, 19 2000055703 August 1-1 , 2000 Investments, Ltd. (including county): Consideration: TEN the undersigned paid by the and for which no lien either Property (including any 24.523 acres of land, more or less, p6t of County, Texas, and being more full ?c hereto and made a part hereof, withia1, alleys, utility rights, development rig easements adjacent to said 24.523 acre b matters pertain to said 24.523 acre tract. ($10.00) and other valuable consideration to the receipt of which is hereby acknowledged, is herein retained. Reservations from and Exceptions to Conveyance This conveyance is made, delivered and accepters "B" attached hereto and incorporated herein. )rd Survey, No. 407, in Williamson and bounds in Exhibit "A" attached ght, title and interest in and to all *approvals, rights-of-way, or and only to the extent, that such Grantor, for the consideration and subject to the resekv ons conveyance and warranty, grants, sells, and conveys to Grantee th r singular the rights and appurtenances thereto in any wise belonging, to1� Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor's heirs, executors, administrators, and successors to warrant an singular the property to Grantee and Grantee's heirs, executors, admin assigns against every person whomsoever lawfiflly claiming or to claim the except as to the reservations from and exceptions to conveyance and war When the context requires, singular nouns and pronouns include the er STATE OF TE S COUNTY OF L Exhibit B - Survey SHELL RANCH INVESTMENTS, LTD. BY: SIM INVESTMENTS, INC., its general ("!/Poles H. Mills, President This instrument w ac d before me on the 04t% day of August, 2000, by James H. Mills, President of S c., general partner of Shell Ranch Investments, Ltd., a Texas limited partnership, o be hip. lie, State of Texas JACOUE M. SMrrH wary Pubic, Staff d To" my cow"w E*ft DEC. 14,2002 0 is name (printed):,�Ac "y F— t\ IF.111 WO 11.14 ZICKV-4) ti QI WS .114 Robert L. Davis Brown McCarroll & Oaks Hartline, L.L.P. 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4043 AUS: I &MM. 1 34949.1 2 expires: �l� WOM 7 M�igFbi B -Sy P. L A 24.523 Acres Leroy B. Lord Survey No. A-407 P ge 00511.10 May 3, 2000 SY1ATE OF TEXAS § C,QU 'Y Or WILLIAMSON § FIE NOTE DESCRIPTION of a 24.523 acre tract of land out of and a part of th L. ord Survey No. A-407, Williamson County, Texas, and being a part of the r in nde of hat PS 137 acre tract.conveyed to Joy Shell Adkins by deed of record in olu 18 age 7 of the Williamson County Official Deed Records and to The A 'ns L Document No. 9553463 of the Official Public Records of William n C exa • said 24.523 acre tract of land is more particularly described by me s a or ds a foI „ws: C M/2" iron rod set with plastic cap stamped "Capital Surveying Co. Inc." i t w erl ne of the said 195.137 acre tract, being the northwest comer of Shell Ranch,do , a subdivision recorded in Cabinet P, Slides 211 through 214 of the Wi i Count Plat Records, and a point in the easterly line of Lot 17, Chaparro Estates, sub A 'on recon in Cabinet D, Slide 276 of the said Plat Records, rrom which a W' ro rod or d i th north line of said Shell Rnnch, Section Two -A boars N70°00'59" 1 . 2 f t; THENCE, leavipf P�!line of Shell Ranch, Section Two -A, with the common line betweenthe 195.137 acre tract and Lot 17, Chaparro Estates, for the following ft1) NOS°58'02"W, a 6 nail found at a 12" cedar for an angle point; 2) N00°51'44"W, 34.04to a '1:" ' n set with plastic cap stamped "Capital Surveying Co. Inc." for a gle poin 3) NO2°27'06"E, 47.03 feet t o '/iroo V/set with plastic cap stamped "Capital Surveying Co. Inc." r a fe p rt; 4) NOl°12'46"E, 118.40 feet to a 6011-rraff and for n angle point; 5) N01 °18'54"W, 12.76 feet to a 'h" fro s with plastic cap stamped "Capital Surveying Co. Inc." for the most so corner and POINT OF BEGINNING of the herein described IT ; THENCE, continuing with the common line een ai remainder of the 195.137 acre tract and Chaparro Estates, for the followi two 2) c rrs 1) NOI°18'54"W, at approximately 81.35 feet pas6 a c cu a oint for the northeast corner of said Lot 17, being the southe co of 1 8, Chaparro Estates, for a total distance of 197.52 feet to a ail f an angle point; 2) N06-16'25713, 322.76 feet to a 60d nail found for the n e corner o said Lot 18, being the southeast corner of the Amended tat un City Georgetown, Phase 2, Neighborhood 9, P.U.D., a subdi ' 'on eco ed in Cabinet Q, Slides 44 through 50 of the said Plat Records; Acres Leroy B. Lord Survey No. A-407 00511.10 May 3, 2000 TIIENCE, leaving the northeast corner of said Lot 18, with the westerly line of 195.137 acre tract, being the easterly tine of the Amended Plat of Sun City own, Phase 2, Neighborhood 9, P.U.D., and, Lot G, Block 2 of Amended Pkat of Block 2, Sun City Georgetown, Phase 2, Neighborhood 9, P.U.D., a subdivision d in abinet R, Slides 268 through 270 of the said Plat Records, for the following 45.86 feet to a 60d nail found for an angle point; 1.81 feet to a %z" iron rod found for an angle point; I t feet to a 60d nail found for an angle point; 4) °3,�`31'�lfif,135.74 feet to a'/2" iron rod found for an angle point; 5) NI�9y, ' "W 59.3 feet to a'/:" iron rod found for an angle point; 6) NO3°0 '0 "W, I ,fp t t a'h" iron rod Found for an angle point; 7) N4 t ° 15' f9" E, X7'.9 t,fc'."et to a 9" cedar tree found for an angle point; 8) N21°44101" to ''/2" iron rod found for the northeast corner of said Lot G, BI k U a poin the southerly line of Tract A, Block 1, Amended Plat f Ci or own, Neighborhood 2, a subdivision recorded in Cabin M, d 263 rough 269 of the said Plat Records; THENCE, leaving the no h corner of s ' t G, Block 2, with the common line between the I95.137 acre t and Tract T ct B, Block 1, Amended Plat of Sun City Georgetown, Neighborhood 2, fdr t Ml o ing ix (6) courses: Y' iro set with plastic cap stamped a ep - t; s with plastic cap stamped le point; n or n gle point; F.zA3 t} N12°41'53"E, 70.58 feet t a "Capital Surveying Co. Inc." r 2} N27°56'03"E, 81.98 feet to a rod "Capital Surveying Co. Inc." for an a 1e point~, 3) N58°33'35"E, 58.54 feet to a 60d nal found fo d) N80°28'21 "E, 11$.53 feet to a %:" iron rod f S) N84052'29"E, 405.21 feet to a 60d nail foun 6) N62022'28"E, at approximately 57.45 feet pass e s FA— THENCE, t orner of said Tract A, being thesouthwestcomer ofsaid Tra tBtance of 593.10 feet to a PK nail found in concrete fort r of the herein described tract; leaving the southerly line of said Tract B, remainder of the 195.137 acre tract, for the following nine (9) cl for an angle point; said I) SIO -05'02"E. 435.54 feet to a '/:" iron rod set with pias' ca p "Capital Surveying Co. Inc." for an angle point; 2) S$6°02'28"E, 71.21 feet to a'/:" iron rod set with plastic cap stam d iia Surveying Co. Inc." B Acres Leroy T3, Lord Survey No. A-407 3 00511.10 May 3, 2000 3) S22°14'01"E, 452.80 feet to a fz" iron rod set with plastic cap stanipcd " Cal)ital Sirrvcyinl; Co. tnc." For an angle point; 4) S87°03'28"W, 1086.09 feet to a V2" iron rod set with plastic cap stamped "Capital Surveying Co. Inc." for an angle point; 9°01'23"W, 99.76 feet to a '/z" iron rod set with plastic cap stamped urveying Co. Inc." for an angle point; 1=V"49.54 feet to a '/z" iron rod set with plastic cap stamped ing Co. Inc." for an angle point; feet to a %z" iron rod set with plastic cap stamped KV'2,,2.20 g Co. Inc." for an angle point; 8) S -1 ' , 4.87' feet to a ''/z" iron rod set with plastic cap stamped it, Su in Co. Inc." for an angle point; 4) S4G. 2' "W, 7 cc o the POINT OI: Br(iINNING, containing within these t etc$ Id t ne 4.523 acres of land area. That 1, Gregory . i Bred Professional Land Surveyor, do hereby certify that the above descriptio is Pqe d o o the best of my knowledge and that the properly described herein wete n by survey made on the ground under my direction and supervision. WITNESS MY HAND D AL at Aus ' , ravis County, Texas this the '50. day of 2000. . t Y. OF ; AE�,O(1Y WAY G WAY . edPro e x• -X4567 _' ions} Land Surveyor e A5fi7 Q N . 45irtat of Texas c Utilities Basement dated May 28, 1997, from The Adkins ltd. to City of Georgetown, recorded under Document No. Official aecords, Williamson County, Texas. Easement dated May 28, 1997, from The Adkins of Georgetown, recorded under Document moo. :.-ords, Williamson County, Texas. ement dated June 17, 1999, from The Adkins If Georgetown, recorded under Document No. :c rds, Williamson County, Texas. 4. The e ad valorem taxes assessed against the Property for the curr t an subsequent assessmen-'Zs for the current and prior years n e in land usage, ownership or both, the payment of w i C' -an e a4QK_�ipes. 5. The terms a " . I s of, that one certain Memorandum Or- Fee Agreement dated clay recorded as Document No. 9719698 in the ©f `ficial Recor i mson County, Texas, the terms and conditions of whic ar p is to the herein described Property. \9he11\00-153.exJ3 EXHIBI FILED AND RECOR OFFICIAL PUBLIC REC DS Page 1 of 6) Exhibit B - Survey JUA) K'( E OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, O AY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING ATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN ROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: Y SOC L SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER._ AFTER RECORDING, PLEASE RETURN TO: Wilson Family Communities, Inc. 8121 Bee Cave Road Austin, Texas 78746 SPECIAL WARRANTY DEED THE STATE OF E A § KNOW ALL BY THESE PRESENTS:Cn COUNTY OF WILL MS N1 co That Shell Ranch}r o m nt, c., a Texas corporation ("Grantor"), for $10.00 and other good and valuable c n derati er by a owledged by Wilson Family Communities, Inc., a Delaware corporation "Cee" TED, SOLD AND CONVEYED, and by these presents does GRANT, LL C BY unto Grantee the real property, together with all improvements thereon, a n xhibit A, attached hereto and incorporated herein by reference for all purposes ("Prop t " TO HAVE AND TO HOLD the Pr rty,g her with the rights and appurtenances thereto belonging, unto Grantee and Gran e's s cess s a assigns, forever; and Grantor does hereby bind Grantor and Grantor's succes ors ass' s to WARRANT AND FOREVER DEFEND the Property unto Grantee and Gr e's and assigns, against every person whomsoever lawfully claiming or to claim the sap thereof by, through or under Grantor, but not otherwise. However, this conveyance is made subject to s assessments by any taxing authority for the year 2' taxes and assessments by any taxing authority for prior e ownership (collectively, "Ad Valorem Taxes"), as wel Williamson County, Texas, or visible or apparent on the ground, conditions, restrictions and outstanding mineral or royalty interd to the Property (collectively, "Permitted Exceptions"). Grantee 1 deed assumes and agrees to perform all of Grantor's obligations and to pay the Ad Valorem Taxes. 4337532.2 34949.1 Grantee's address: 8121 Bee Cave Road Austin, Texas 78746 Attn: Clark Wilson standby fees, taxes and : years, and subsequent Inge in land usage or ments of record in ations, covenants, uj.,effect and apply of elivery of this pa itte Exceptions '�U ;Page 2 of 6) Exhibit B - Survey executed this L�day of �2t'tmt�� =^t , 2009. Shell Ranch Development, Inc. By -- Name:o-Q. is g4 _ Title: w�ki THE STATE COUNTY O This im byz corp ra ion, on (Seal) 4337532.2 34949.1 before me on the gJ4 day of 11'14� _, 2009, of Shell Ranch Development, Inc., a Texas 0 2 State of Texas Page 3 of 6) 4337532.2 34949.1 Exhibit B - Survey Exhibit A Property Exhibit A — Page 1 of 4 RECORDERS"M All or parts of the text clearly legible for sati Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: ARBORS AT GEORGETOWN VILLAGE COUNCIL DISTRICT NO. 5 DATE: OCTOBER 8, 2013 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit 'B" to this Service Plan, which has sometimes been referred to as "Arbors at Georgetown Village." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on October 8, 2013, and October 22, 2013, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As 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. The development of this property would require a rezoning and Utility Agreement at the time of development. The rezoning and Utility Agreement shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and Utility Agreement, the Utility Agreement shall control. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC: The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES Annexation Service Plan Arbors @ GT Village Page 1 of 13 The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2'/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4'/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City - owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's Annexation Service Plan Arbors @ GT Village Page 2 of 13 ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC'), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. Annexation Service Plan Arbors @ GT Village Page 3 of 13 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations — The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 41/z YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General — The City will initiate the construction of capital improvements necessary for providing municipal services for -the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services—Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall Annexation Service Plan Arbors @ GT Village Page 4 of 13 apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule — Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 21/z years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/2years from the effective date of annexation and will be substantially complete within 4 1/2 years from the effective date of annexation. However, the provisions of Section VII of this PIan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. Annexation Service Plan Arbors @ GT.Village Page 5 of 13 VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to Annexation Service Plan Arbors @ GT Village Page 6 of 13 water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro -rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a Annexation Service Plan Arbors @ GT Village Page 7 of 13 public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property — the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property — the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for Annexation Service Plan Arbors @ GT Village Page 8 of 13 single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. Annexation Service Plan Arbors @ GT Village Page 9 of 13 D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and b) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan Arbors @ GT Village Page 10 of 13 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200 -feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Annexation Service Plan Arbors @ GT Village Page 11 of 13 Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer Annexation Service Plan Arbors @ GT Village Page 12 of 13 system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan Arbors @ GT Village Page 13 of 13