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HomeMy WebLinkAboutRES 200613-NCERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN The undersigned City Secretary of the City of Georgetown, Texas (the "City "), hereby certify as follows: 1. The City Council of the City convened in REGULAR MEETING ON THE 13TH DAY OF JUNE, 2000, at the City Hall (the "Meeting "), and the roll was called of the duly constituted officers and members of the City, to -wit: MaryEllen Kersch, Mayor Lee Bain - Mayor Pro Tem and Councilmember District 4 Llorente Navarrette - Councilmember District 1 Clark Lyda - Councilmember District 2 Susan Hoyt - Councilmember District 3 Sam Pfiester - Councilmember District 5 Charles "Ross" Burson - Councilmember District 6 Ferd Tonn - Councilmember District 7 George Russell - City Manager Sandra D. Lee - City Secretary Marianne Landers Banks - City Attorney e0twellmemb&^ 15 dy7 and all of the persons were present, except the following absentees: I , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written A RESOLUTION RECEIVING AN AMENDED PETITION TO ESTABLISH THE CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT, AUTHORIZING PUBLICATION OF NOTICE AND A PUBLIC HEARING, AUTHORIZING A FEASIBILITY REPORT AND PROVIDING A SEVERABILITY CLAUSE was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Resolution be passed on first reading; and, after due discussion, said motion carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: NOES: e� 1 \tAti7t0�ItILt.SPID: A— ndtdPaiti —Re 4r,e'. Cn , 1ye5r. A00613- 2. A true, full and correct copy of the Resolution passed at the Meetings described in the above and foregoing paragraphs is attached to and follows this Certificate; that the Resolution has been duly recorded in the City Council's minutes of the Meetings; that the above and foregoing paragraphs are a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraphs are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meetings, and that the Resolution would be introduced and considered for passage at the Meetings, and each of the officers and members consented, in advance, to the holding of the Meetings for such purpose, and that the Meetings were open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. a j�,- f 4 O -r CINIARRONHILLSPIU: A— .&dPaiImRes.Cn 2 Iles 20041 N SIGNED AND SEALED '17 11 "/ Sandra D. Lee City Secretary [CITY SEAL] -gr 17extolw,1�4 CIMARRONHILLSPID: A.-ddNfiti..R-Cn �?es. QOO(013 -8 MaryEllen Kersch Mayor RESOLUTION NO. A RESOLUTION RECEIVING AN AMENDED PETITION TO ESTABLISH THE CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT, AUTHORIZING PUBLICATION OF NOTICE AND A PUBLIC HEARING, AUTHORIZING A FEASIBILITY REPORT AND PROVIDING A SEVERABILITY CLAUSE WHEREAS, Paloma Cimarron Hills, L.P. and C7 Ranch, L.L.C. have heretofore filed with the City a petition to request establishment of the Cimarron Hills Public Improvement District (the "District ") under and pursuant to the provisions of Chapter 372, Local Government Code, as amended; and WHEREAS, on May 23, 2000, the City Council approved "A Resolution Receiving a Petition to Establish the Cimarron. Hills Public Improvement District, Authorizing Publication of Notice and a Public Hearing, Authorizing a Feasibility Report and Providing a Severability Clause" and set a public hearing regarding creation of the District for 7:00 p.m., June 13, 2000; and WHEREAS, an amended petition has been filed with the City to clarify that C7 Ranch, LLC. is the general partner for C 7 (II) Ranch, Ltd, a Texas limited partnership, the record owner of a portion of the property within the proposed District; and WHEREAS, the amended petition has stated the general nature of the proposed improvements, the estimated costs of the improvements, the boundaries of the District, the proposed method of assessment, the proposed apportionment of costs, and a provision for management of the District, all of which is set forth in the petition which is attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City hereby finds that the creation of the District implements Finance Policy 14.00 of the Century Plan - Policy Plan Element, which states: "All municipal operations are conducted in an efficient business -like manner and different financial resources for both current and future needs are provided," and Utilities Energy Policy 12.00 which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers;" and further finds that the enactment of this Resolution is not inconsistent or in conflict with any other Century Plan Policies. SECTION 2. The amended petition heretofore filed with the City by Paloma Cimarron Hills, L.P. and C 7 (II) Ranch, Ltd (collectively, the "Petitioner "), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby formally received by the City Council of the City of Georgetown, Texas. CIMARRONHILLSPID: Petition.Res 1M?1064 jQAje_ / a-/ -3 SECTION 3. The City Council of the City of Georgetown hereby finds that it is advisable for the City to consider taking action in connection with the creation of the District, the proposed improvements to the District and the cost and method of assessment and apportionment. SECTION 4. The City Manager is hereby directed to use the services of municipal employees or employ a consultant to prepare a report to determine whether the improvements to be considered should be made as proposed by the petition and to prepare a preliminary estimate of the costs of the improvements. The public hearing originally scheduled for June 13, 2000 on the advisability of the improvements within the District shall be postponed until the 11th day of July, 2000, and the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. SECTION 5. If any article, paragraph, clause or provision of this resolution shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this resolution as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. ADOPTED this June 13, 2000. 2L lip YELLEN IKERSCH, Mayor City of Georgetown, Texas ATTEST: �74 /d Sandra D. Lee, City Secretary APPROVED AS TO FORM: JC Marianne Landers Banks, City Attorney CIMARRONHILLSPID: Petition.Res QOO&1.3-Al Z Z�� COUNTY OF WILLIAMSON AMENDED PETITION FOR ESTABLISHMENT OF CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT TO THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AND THE MAYOR OF THE CITY OF GEORGETOWN, TEXAS: WHEREAS, the undersigned property owners, pursuant to the Public Improvement Assessment Act, Chapter 372.001 et seq., Local Government Code, Vernon's Annot. Civil Statutes, respectfully petition the Mayor and the City Council for the establishment of the Cimarron Hills Public Improvement District (the "PID") , and WHEREAS, the undersigned property owners previously submitted a Petition For Establishment of Cimarron Hills Public Improvement District and said Petition erroneously listed C7 Ranch, L.L.C. as an owner of the property described herein when, in fact, the owner of the Property described herein is C7 (II) Ranch, Ltd., a Texas limited partnership, C7 Ranch, L.L.C. as general partner for said partnership, and WHEREAS, the undersigned property owners are the sole property owners within the area to be included within the proposed district, NOW THEREFORE In support of said petition, Petitioners would show unto the City Council the following: 1. General Nature of Proposed Improvements. The Proposed Improvements shall consist of water, wastewater, street, drainage and landscaping -improvements, and land detention and water quality ponds (the "Proposed Improvements "). 2. Estimated Costs of Improvements. The estimated cost of the Proposed Improvements is $17,500,000, which includes a 10% contingency fee, planning and 10% engineering and survey fees. 3. Boundaries of the Proposed Assessment District. The boundaries of the proposed assessment district are described in Exhibit "A!", attached hereto and incorporated herein. 4. Proposed Method of Assessment. The proposed method of assessments shall be made on the basis of special assessments accruing to the property because of the improvements. The cost of the improvement may be assessed: I ) equally per front foot or square foot; 2) according to the value of the property as determined by the Citv, with or without regard to improvements on the property; or 3", in any other manner that results in imposing equal shares of the cost on property similarly benefitted. The City may establish by ordinance: e-71% 1 ffes . c2il,11,1-3 -I "r,.,\C7PANCH\amenliedPETIT13.WPD/cd, reasonable classifications and formulas for the apportionment of the cost between the municipality and the area to be assessed; and the methods of assessing the special assessments for various classes of improvements. 5. Manaaement of District. The Proposed District shall be managed solely by the City of Georgetown, Texas. 6. Concurrence of the Establishment of the District. All of the undersigned request and/or concur with the establishment of the Cimarron Hills Public Improvement District. 7. Establishment of an Advisory Body. An advisory body may be established, pursuant to Article 372.008, to develop and recommend an improvement plan to the City. 8. Apportionment of Costs All costs of the District, including administrative costs and costs of collection, shall be incurred by the District. SIGNED this the _77 + day of ZOV-X coo 1 2000. Respectfully submitted, PALOMA CIMARRON HILLS, L.P. A Texas limited partnership BY: X&LOMAD LOPMENT GROUP n al Partner By: VI-ichael-F.- C3opman, President C7 (II) RANCH, LTD. Texas limited partnership By: C7 RANCH, L.L.C. ,-----,T,ts General Partner Phil Coffin, President ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was ac'-nowledaed before me on the day of Ju� , 2000, by Michael F. Coop.man, President of -1- n-e Paloma Development ---- Group, genera I-partner for PALONIA CIMARRON HILLS, L.P. L CHARLES CROSSFIELD Notary Public, St a e of Texas ) MY COMMISSION EXPIRES September 23, 2002 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of AA_P_ , 2000, by Phil Coffin, President of C7 Ranch, L.L.C., as general partner for C7 (II) Ranch Ltd., a Texas general partnership, on behalf of-,said partnership. �'U z 6v NTotary Public, ��Npte of -Texas CHARLES CROSSFIELD W. My COMMISSION EXPIRES September Et==j Tes. 200C913 -Al 'v e .3 oil 7 :\TEXT\C7RANCH\amendedPET 13- 812.99 ACRES CIMARRON HILLS BOUNDARY FN. 814O APRIL 6.2UOO PBS&J JOB NO. 440190.00 2501 DESCRIPTION OF A 812.99 ACRE TRACT OF LAND SITUATED IN THE A. H. PORTER SURVEY, ABGTRACT, BEING ALL OF THAT CERTAIN CALLED 813.09 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN VOLUME 2148, PAGE 31O[)F THE OFFICIAL RECORDS {3FVV|ULNK88ON COUNTY, TEXAS, SAID 812.B8 ACRES BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at an iron rod found for the southeast comer of said called 813.09 acre tract, being also in the north line of State Highway No. 2g.o1OO foot wide right-of-way, being also the southwest comer of that certain 37.995 acre tract of land as described in a deed to H. H. Rothell of record in Volume 649, Page 607 of the Dead Records of Williamson County, Texas and being the southeast corner ofthe herein described tract; THENCE, the south line of called 813l9 acre bract, the north line of said State Highway No. 29 right-of-way and the south line of the herein described tract, the following two (2) courses: N82°26'24'VV for adistance of 5292.81 feet toa1/2inch iron rod with cap set at the beginning of a curve to the left, and 2. along said curve to the left, an arc distance of 130.02 feet, said curve having a radius of 5779.65 feetecentral angle ofO1"17'17" and mchord bearing ofN830O242" W, for mchord distance of 130.02 feet to an iron rod found being the southwest comer of called 813.09 acre tract, being also the southwest comer of the herein described tract and being the southeast comer of that certain 8.881acre tract of land as described ins deed toGC&E Services of record inVolume 2O21. Page 13Oof the deed records ofWiUiarnoon County, Texas; THENCEN21°O1'OO"VV.vvdhthevvemtUnemfoaUed813l9acretnactUhe east line of said O.8U1acre tract and the west line of the herein described tract, for a distance of 517.58 feet to a 40d nail found for the northeast comer of said 8.881 acre tract, being also a southeast comer of that certain 8.725 acre tract of land ao described ina deed toWiUiarnD. Richards, atuxoy record iO Document No. 3630OOS of the Official Records o[ Williamson County, Texas; THENCEN21"1�06"W, continuing with the west line of called O13.09acre tract, the west line of the herein described tract, and with the east line of said 8.725acre tract, for a distance m{1123.07 feet to a 40d nail found for an angle point in the east line of that certain 12.564 acre tract of land as described in o deed to Jewel Moye McWhorter of record in Volume 1893. Page 192 of the Deed Records of Williamson County, Texas; THENCE, N20"41'21"W continuing with the west line of called 813�acre tract, the west line of the herein described tract and the east line of said 12.564acre tnaotforadistonoeof28GIV8feettoa Y2inoh iron rod with cap set for the northeast comer of said 12.584 acre tract, being also a southeast comer of that certain 20.0 acre tract of land as described in a deed to Mrs. Sam Goldenberg of record in Volume 17O5, Page 793of the Deed Records of Williamson County, Texas; THENCE, N 210 12'27' W, continuing with the west line of called 813.09acre tract, the west line of the herein described tract and with the east line of said 20.0 acre tract, for a distance of 969.82 feet to an iron rod found for the most westerly northwest comer of called 813.O9 more tract, being also the most westerly northwest corner of the herein described tract, being also the northeast comer of said 20.0 acre EXHIBIT 812.99 ACRES CIMARRON HILLS BOUNDARY FN.G14O APRIL O.2DOO PBS&J JOB NO. 440190.00 2501 tract and being the southwest comer of that certain 98.30 acre tract of land as described in a deed to Jilton Lee & Judy N1mho {]vvor, Jr. of record in \/o|urne 2208. Page 603 of the Official Records of Williamson County, Texas; THENCE, with a north line of called 813.09 acre tract, the north line of the herein described tract and the south line of said 98.30 acre tract, the following five (5) courses: N 690 56' 01" E for a distance of 410.68 feet to a Y2 inch iron rod with cap set for an angle point, 2. N69"O8'31"E for a distance of 191.07 feet too1/2inch iron rod with cap set for anangle point 3. NG4"1b'O1^E for a distance ofT721 feet boa'1/2 inch iron rod with cap set for anangle point 4. NGS°54`31"E for e distance ofO43.6O feet tooY2 inch iron rod with cap set for an angle point, and 5. NOS"57'J1"E for a distance of8OO.3O feet hoa "/2inoh iron rod with cap set for mn ell comer in the west line of called 813.09 acre tract being also an ell comer in the west line of the herein described tract and being the southeast comer of said 98.30 acre tract; THENCE, N21°12'16" W, with the west line of called 813.09 acre tract, the west line of the herein described tract and the east line of said G0'3O acre tract, for m distance of236O]5 feet tman iron rod found for the northeast comer of said 98.30 acre tract and being the southeast comer of that certain 121.21 acre tract of land as described in a deed to John F. & Jeanette L. Griffin, III of record in Volume 2489, Page 051of the Official Records oY Williamson County, Texas; THENCEN21"11'160 W, with the west line nf called 81�09 acre tract, the west line mf the herein described tract and the east line of said 121.21 acre tract, for a distance of 2340.54 feet to an iron rod found for the northwest comer nf called B13'D8acre tract, being also the northeast comer oY said Y21-21 acre tract and being in the south line of that certain 170.00acre tract of land as described i0a deed to Stanley M. & Carol R. Jensen of record in Volume 2179, Page 519 of the Official Records of Williamson County, Texas; THENCE, N68"�56" E, with the north line of called 813.09acre tract, the north line of the herein described tract and the south line of said 170.00 acre tract, for a distance of 3303.09 feet to an iron rod found for the northeast comer of called 813IX9 acre tract, being also the northeast comer of the herein described troc±, being also the southeast comer ufsaid 170.00 ncns tract, being also the southwest comer of that certain 221.58 acre tract as described in a deed to The Culp Family Loving Trust of record iD Volume 217S. Page 554of the Official Records of Williamson County, Texas and being the northwest corner of that certain 312.08 acre tract of land known as the O & N Builders Tract an unrecorded subdivision in Williamson County, Texas; THENCE, with the east line of the called 813.09 acre tract, the east line of the herein described tract and the west line of said 312.08 acre tract, the following eleven (11) courses: 1. S 21 0 17' 37" E for a distance of 780.43 feet to an iron rod found for an angle point, 2. 821"13'20"E for mdistance of394.53feet to a 40d nail found for anangle point FN' 614O APRIL 8.2OOO PBSU JOB NO. 440190.00 2501 S21" 10'49" E for e distance of1S7.Q1 feet toaYz inch iron rod with cap set for en angle point, 4. S 21"15'3D"E for a distance o[187.17 feet toon iron rod for an angle point, 5. S21"O9'5O~E for a distance of5O3.78 feet toa4Od nail found for on angle point, G. S 2O"42`51"E for e distance of834.39 feet bze1/2 inch iron rod with cap set for on angle point, 7. S 210 17' 1 V E for a distance of 1086.90 feet to an iron rod found for an angle point, O. S4O" 19' 57" E for a distance ofS4.58 feet &o an iron rod found for oOangle point, Q. S 46 0 39' 28" E for a distance of 200.57 feet to an iron rod found for an angle point, 10. 842°12'3O~E for a distance of225.O5feet toa1/2inoh iron rod with cap set for aOangle point, and 11. S23"33' 03' E for a distance of 194.67 feet to a Y2 inch iron rod with cap set for the most northerly southeast comer o[ called 813I9 acre tract, being also the most northerly northeast comer of the herein described tract, being also the southwest comer of said 312.08 acre tract and being in the north line of that certain 274.53 acre tract of land as described in a deed to The RotheU Family Limited Partnership of record in Volume 2537.Page 2Oof the Official Records of Williamson County, Texas; THENCE, with o south line of called 813lk3 acre tract, a south line of the herein described tract and the north line of said 274.53 acre tract, the following seven (7) courses: B59"�27" W for mdistance of15.42feet toa1/2imch iron rod with cap set for an angle point 2. G86^O1'57" W for a distance of19.36feet to a 1/2inch iron rod with cap set for an angle point 3. S 54"3O 57"VVforadistanceof127.2OfeattonY2inclironnodvxithcopsetformMong|apoiOt, 4. SOO° 1O'57~VV for a distance ofDG.1O feet tooD iron rod found for aO angle point, 5. SG8°3S 140 W for a distance of 602.93 feet to a 40d nail found in a tree for an angle point, G. 863°O7 34"VV for a distance of78.SO feet toe1/2inoh iron rod with cap set for on angle point, and 7. S 670 11'04" W for a distance of 170.98 feet to an iron rod found for an ell comer in the east line of called 813.09 acre tract, being also an ell comer in the east line of the herein described tract and being the northwest comer of said 274.53 acre tract; TMENCEwith#e east line of called 813.09 tracL the east line of the herein described tract and the west line of said 374.53acre tract, the following four(4)courses: 1. S1O°57 43"E for o distance of13O.796 feet toan iron rod found for oD angle point, 812.99 ACRES F.N.O14D C|MARR{)N HILLS BOUNDARY APRIL O'2OOO PBS&J JOB NO. 44D19O.0025O1 2. S 190 50' 45~ E for o distance of 167.37 feet to on iron rod found for an angle point. 3. 8210O3 34~E for o distance of4476.O4 feet toa4Od nail found for on angle point, and 4. S 22" 03 11~ E for o distance of 803/46 feet to the POINT OF BEGINNING and containing O12.SQ acres ofland. Bearings are based on the Texas State Plane Coordinate Bvstern, Central Zone, NAO 1903 Convergence = 01'21'27". THE STATE OFTEXAS K I KNOW ALL MEN BY THESE PRESENTS: COUNTY OFTRAVIS I That |' William D' Warrick, a Registered Professional Land Surveyor, do hereby certify that the above description is bno and correct to the best ofnly knowledge and belief and that the property described herein was determined by survey made on the ground during March, 2000 under my direction and supervision. WITNESS MY HAND AND SEAL ot Austin, Travis County, Texas this the Om day of April, 2ODO A.D. PB3&J P.O. Box 162690 William D. Warrick Austin, Texas 78716-2680 Registered Professional Land Surveyor No. 442O- State ofTexas ay ����� J��'���� ����� � -�_