HomeMy WebLinkAboutORD 2016-18 - REZ Chisholm Park 2ORDINANCE NO. a Q � (0 —' 9
An Ordinance of the City Council of the City of Georgetown, Texas,
amending part of the Official Zoning Map to rezone 17.406 acres of the
Berry Survey from the Residential Single-family District to the Low
Density Multifamily District, to be known as Chisholm Park 2; repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, an application has been made to the City for the purpose of amending the
Official Zoning Map, adopted on the 1211, day of June, 2012, for the specific Zoning District
classification of the following described real property ("The Property"):
17.406 acres out of the John Berry Survey, Abstract No. 51, being a portion of a 36.575
acre tract out of the John Berry Survey, Abstract No. 51, as recorded in Document
Number 2001044944 of the Official Public Records of Williamson County, Texas,
hereinafter referred to as "The Property'; and
Whereas, the City Council has submitted the proposed amendment to the Official
Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing
and for its recommendation or report; and
Whereas, public notice of such hearing was accomplished in accordance with State Law
and the City's Unified Development Code through newspaper publication, signs posted on the
Property, and mailed notice to nearby property owners; and
Whereas, the Planning and Zoning Commission, at a meeting on January 19, 2016, held
the required public hearing and submitted a recommendation of approval to the City Council
for the requested rezoning of the Property, save and except the portion of the property located
in the delineated FEMA floodplain; and
Whereas, the City Council, at a meeting on February 9th, 2016, held an additional
public hearing prior to taking action on the requested rezoning of the Property.
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas,
that:
Section 1. The facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive
Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with
any other policies or provisionsofthe 2030 Comprehensive Plan and the City's Unified
Ordinance Number: Page 1 of 2
Description: 17.406 ac. Berry Survey RS to MF -1 Case File Number: REZ-2015-019
Date Approved: 3 a 0 1 U Exhibits A -B Attached
Development Code.
Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the
Property is hereby amended from the Residential Single-family District (RS) to the Low Density
Multifamily District (MF -1), in accordance with the attached Exhibit A (Location Map) and
Exhibit B (Legal Description), save and except the portion of the property located in the
delineated FEMA floodplain; and incorporated herein by reference.
Section 3. 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 4. 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 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 91" day of February, 2016.
APPROVED AND ADOPTED on Second Reading on the 81h day of March, 2016
THE CITY OF GEORGETOWN: ATTEST:
Dale Ross Shelley N�wli)n
Mayor City Sec
APPROVED AS TO FORM:
Charlie McNabb
City Attorney
Ordinance Number: Page 2 of 2
Description: 17.406 act. Berry Survey RS to MF -1 Case File Number: REZ-2015-019
Date Approved: 3 I 8 1 auk C. Exhibits A -B Attached
ec 1. ants
uo PUGVETOWN
TEXAS
REZ-2015-019
Exhibit A - Location Map
Legend
Z2 Site
I Parcels
C3 City Limits
M Georgetown ETJ
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A, t?
130
00 NE INNER LOOP
- - - - ----------------
A
City Limits Q N
N
Coordinate System:
Texas State Plane/Central Zone/.NAD 83/US Feet 1,000 Z000
Cartographic Data For Genera I Planning Purposes Only IF -t
7
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EXHIBI
May, 2001
, TRUSTEE FOR MGN, INC., A
(including county):
Grantee's Mailing
Humble, Texas 773
Harris County
1. Grantee's assumption of Yfirst-lien n
according to the note's terms all principal and ° e
1998, is in the principal amount of $383,0 .0 ,
FOR MGN, INC., A TEXAS CORPORA ON;,F
is secured by a deed of trust on that propertXreco
Records of Williamson County, Texas; said Neu
from time to time, the most recent dated to be efl
Document No. 2000045800, Official Records
consideration Grantee promises to keep and perf,
named in that deed of trust and to indemnify Ch
breach of its obligations under this assumption.
DESCRIPTION
good and valuable consideration and:
antee assumes and promises to pay
g unpaid. The note is dated July 20,
ed by GLENN NEANS, TRUSTEE
order of UNION STATE BANK. It
ament No. 9841939, of the Official
ng been renewed and/or extended
ay 20, 2000, and duly recorded in
n County, Texas. As further
a is and obligations of grantor
anE mages caused by Grantee's
2. Grantee's assumption of a second -lien note whits Grahtee ' i
according to the note's terms all principal and interest remai d.
13, 2000, is in the principal amount of $40,000.00, and is execute by
FOR MGN, INC., A TEXAS CORPORATION, payable to the o der
is secured by a deed of trust on that property recorded in Documen .2
Records of Williamson County, Texas; said Note and Lien having n
from time to time, the most recent dated to be effective as of February 1
the Official Records of Williamson County, Texas. As further consid
keep and perform all the covenants and obligations of grantor named it
indemnify Grantor against any damages caused by Grantee's breach of
assumption.
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 1
and promises to pay
,ote is dated October
ERNS, TRUSTEE
4 TATE BANK. It
808, of the Official
or extended
pid Qxrecorded in
�Or a omises to
of but st and to
ati under this
EXHIBIT B - LEGAL DESCRIPTIO
J� any
�per�y (including any improvements):
%� THAT CERTAIN 36.575 ACRE TRACT OF LAND OUT OF THE JOHN
Y SURVEY, ABSTRACT NO. 51, IN WILLIAMSON COUNTY, TEXAS,
{
/'B
M PARTICULARLY DESCRIBED BY METES AND BOUNDS IN
11 'A" ATTACHED HERETO.
to Conveyance and Warranty:
Easements; &' 1fs`-�g",ay, and prescriptive rights, whether of record or not; all presently
recorded ins' rie�t's,-otixdr than liens and conveyances, that affect the property; taxes for the current
year, the payment o tee assumes.
Grantor, fo{ e`comsidiratio, receipt of which is acknowledged, and subject to the
reservations from a d c n"yance and warranty, grants, sells and conveys to Grantee
the property, togeth�ervind-s-Gran
Pan�smg-ular the rights and appurtenances thereto in any wise
belonging, to have an tc� ee, Grantee's heirs, executor, administrators, successors or
assigns forever. GrantoGrantor's heirs, executors, administrators and successors
to warrant and forever de&&�;s
�r the property to Grantee and Grantee's heirs, executors,
administrators, successors n4-cveg person whomsoever lawfully claiming or to
claim the same or any part the eR,eexc -fo f reservations from and exceptions to conveyance
and warranty. � -11-1,110
'
The vendor's lien against aqd perior
described is fully paid according to ifs at
When the context requires, si
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on May
TRUSTEE FOR MGN, INC., A TEXAS CORPORATION.
)erty are retained until each note
deed shall become absolute.
include the plural.
.TION
Notary Public, State df "1'ex4
CLAIRE HARTMAN Notary's Printed Name:
Note, Putiic. Soto of Texas My Commission Expires: J
My cpmn::: sn 1)(Pros
f4r,�011T MAY 22, 2003
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 2(tIJSTIN �Td"
10i E. Old S4
Suite #100
Round Rcx*,
., A
NEANS,
EXHIBIT B - LEGAL DESCRIPTION
EXHIBIT "A"
l FIELD NOTES
it. .PZ 5yc A XWVQ
Page t of 2
l e' 36.Seofl8ft�i located in the John Berry Survey, Abstract No. 51, Williamson
oun:dee�orded
, being out d and part of that certain 22.64 acres, conveyed to Joe W. Garrett, et
4u'r,•4n 758, Page 740, Deed Records of Williarnson County, Texas,
being € t u tain 16.08 acres conveyed to said Garrett, in deed recorded In
trop ,IP 283, iW.C., being out of and part of that certain 2.00 acres conveyed to
said Gt, In dee¢ riled in Volume 651, Page 152, D,R.W.C., and being more particularly
described- mites boon as follows:
BEGINNING a 11 ! - n r� f northwest corner of the said 16.08 acres, being the
southwest corns f that ert iri 1�.9�`;saes conveyed to Margaret E. Noyes in deal recorded in
Document No. 963977 dMcW Fub Records of Williamson County, Texas, and being in the
east line of County Raid 15 ,
THENCE, N 68.21'46" E, '� do;P"426151 a '/2" iron rod found for the northeast
corner of said 16.08 acnes, b: in sou terms the said 1.96 acres, and being in the west
line of that certain 39.96 acresail &-Orth in deed recorded in Volume 1673, Page
423, D.R,W,C,; 11�
THENCE, S 20004'40" E, a dlstanc�,oir406.72 feet to P fi" iron set for an angle point;
f
THENCE, S 20013'00" E, a distance of 197.1 a to a1' 2" ' n ro found for an arterior comer
of the herein described tract, and being an 'r serer o 39.96 acres;
THENCE, N 57048'00" E, a distance of 476.4 feet to a %" d set for an angle point;
THENCE, N 39°31'30" E, a distance of 692.23 feet toal'/"i for an angle point;
I
THENCE, N 69°59'30" E, a distance of 373.89 feet to % n the northeast comer .9
of the herein described tract, being the southeast comer 6 acres, and being in the
west line of that certain 37.6 acres conveyed to Duane Mceac n inAce3 taco)Jed in Volume
568, Page 447, D.R, W.C.; N
THENCE, S 22°49'30" E, a distance of 467.15 feet to a W iron tbd-fQFtN0�&P
o�the
corner of the herein described tract, and being in the north line of that 1Q8
conveyed to Pecan Branch Joint Venture, in deed recorded in Docume
®.P.R.W.C.; I.,—.
THENCE, along the common line between said 108.95 acres, and the
following courses and distances:
S 73°55'30" W, 174.28 feet to airs" iron rod set for an angle point;
S 67°41'30" W, 122.66 feet to a %" iron rod set for an angle point;
S 55°42'30" W, 75.63 feet to a iron rod set for an angle point;
S 2901929" W, 46.16 feet to a %z" Iron rod found for an angle point;
S 11°55'41" W, 245.62 feet to a W iron rod found for an angle point;
S 23°13'30" W, 104.19 feet to a'/s" iron rod set for an angle point;
S 22°3444" W, 261.38 feet to a W' iron rod set for an angle point;
and S 34°11 `00" W, 443.25 to a W iron rod set for an angle point;
the
]XHIBIT- B - LEGAL DESCRIPTIO
Page 2 of 2
THENCi?, S 68010'40" W. at 308.50 feet pass a iron nod found for the northwest corner of
the said 108.95 acres, and being the northeast corner of that certain 10-00a conveyed to
Heritage Baptist Church In deed recorded in Domrnew No. 9627062, O.P,R W.C., In all a
JifXqtace of 769.31 feet to a °W iron rod found for the southwest corner of the herein described
t t, being the northwest corner of the said 10.00 acres, and being in the east line of the
�r afarememioned County Road 152;
,% U C N 18044'00" W, along said east line of County Road 152, a distance of 1002.13 feet to
,l, a %z j nad fovud�for an angle point;
119- W, a distance of 407.05 feet to the POINT OF BEGINNING, containing
i
of laodrtiEft or less.
-'—, F1LGUAU (IL4aURLCU
/ fes OFFICIAL. PUBLIC RECORDS
—01 r
�') —
R
�� JJ
—200 02:19 PM 2001044944
NDERSON $15.00
R;-L41AM�"�OUNTY,
E RIST R }COUNTY CLERK
TEXAS
EXHIBIT B - LEGAL DESCRIPTION
The area to be zoned MF -1 is described as, "That part of a 17.5 acre tract
described below, that is not shown to be within the PENIA 100 year Floodplane on
the PENIA Floodplane Maps on February 9, 2016, or is approved by FEMA or
other Regulatory Authority at any time in the future for the construction of
building improvements, including residential uses by a FEMA Letter of
Amendment, or other documents at any time in the future".
Description of a 17.35 Acre Tract Out of the
John Berry Survey, Abstract 51, in Williamson County, 'Texas
And being a Part of a 36.575 acre tract conveyed to
LOM Services, Inc
Being a 17.35 acre tract in the John Berry Survey in the City of Georgetown,
Texas. And being a part of a 36.575 acre Tract conveyed to LOM Services Inc. by a
Deed recorded as Document 2001044944 in the Official Public Records of
Williamson County, Texas ( OPRWC ) and more particularly described as:
BEGINNING, at a Iron Pin found in the Easterly ROW line of CR 152,
Thence, with the easterly ROW line of CR 152 S 18' 40' 56" E, 527.41 feet to a
Iron Rod with a cap marker TES INC, and being the apparent Southwesterly
corner of the 17.35 acre tract, described herein
Thence, N 71' 19' 04" E 9.00 feet to a Iron Rod,
Thence, N 68' 14' 04" E 333.41 feet along the northerly line of a 1.87 acre tract
tract conveyed to the City of Georgetown as recorded in Document #2008087306 in
the O.P R.W C.
Thence, S 20' 29' 37" E 241.86 feet with the easterly of the tract conveyed to the
City of Georgetown to an Iron Rod in the northerly line of a 10.00 Acre tract
known as the Heritage Baptist Subdivision as recorded in Cabinet O, Slides 153-
154 of the OPRWC,
Thence, N 68' 25' 36" E 111.33 feet with the northerly boundary of The Heritage
Baptist Subdivision to a Iron Rod at the common corner pt the Heritage Baptist
Subdivision and the Pecan Branch North Phase 1 subdivision as recorded in
EXHIBIT B - LEGAL DESCRIPTION
Cabinet T, Slides 125136 of the OPRWC,
Thence, with the northerly boundary of the of Pecan Branch North, Phase 1
subdivision, the following two courses; N 68' 10' 35" E, 308.46 feet to a Iron Rod,
N 34' 09' 13" E 432.85 feet to a Aluminum cap, marked " TXDOT" in the westerly
boundary of a 9,069 acre tract conveyed to the State of 'Texas recorded as
Document Number 2012048788 OPRWC, and being the Southeasterly corner of
the 17.35 acre tract,described herein,
Thence, N30' 21'33" W 697.47 feet with the westerly boundary of the 9.069 acre
State of Texas Tract to an Aluminum Cap narked "TXDOT" and being the
Northeasterly corner of the 17.35 acre tract described herein,
Thence with the southerly boundary of a 41. 98 acre tract conveyed to Hayden B.
Lay and wife as described in a Deed recorded in Volume 1673, Page 423 OFRWC
the following two courses, S 39'14' 35 W 89,54 feet to an Iron Rod, and S 57' 47'
58" W to an Iron Rod at the common corner of the Lay 41.96 acre tract and the
Chisholm Park, Section One subdivision recorded in Cabinet GG slide 214
OPRWC,
Thence, with the southerly boundary of Chisholm Park Section 1, the following
two courses, S 58' 01' 40" W 192.25 feet to an Iron Rod with a Red Cap, and S 68'
21' 01" W to the Point of Beginning, and containing 17.35 acres.
This description was prepared from a copy of a survey signed by Kenneth Louis Crider,
Professional Land Surveyor, number 5624, dated August 26, 2014, a copy of it is
attached to this description, and the public records of Williamson County.
EXH.IEIT B, - LEGAL DESCRIPTION
( -RAGT ONE (.f"), '"7.39 ACRES MJ C]= THE •.4Mti FJEq'?': S' �izV' ', ABS7'rclnCT •typf 51,
1 IYli..i-.IAhrt;;.0, iN c OUN lY.
II TRACT WO '(1) 2`.(h, .4rRE:S t,-i1T OF THE JOPN CsilI RY SURViY, ABr•-S•RAC:l'
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