HomeMy WebLinkAboutORD 2017-74 - Somerset Hills- 2 TractOrdinance No. ao t —) ` I
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 133.10 acres, more or less, in
the Fredrick Foy Survey Abstract Number 229 and adjacent of rights-of-way
known as Ronald Reagan Boulevard, 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; 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
August 8, 2017; and
Whereas, the Georgetown City Council conducted public hearings on the proposed
annexation on August 8, 2017, and August 22, 2017; 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
133.10 acres in the Fredrick Foy Survey Abstract Number 229, as shown in "Exhibit A" and
"Exhibit B" of this ordinance, and as described in "Exhibit C" of this ordinance. Additionally, the
Council hereby annexes those public rights-of-way adjacent to the above described 133.10 acres,
Ordinance No. ';1O%-1-14
Somerset Hills -2
Date Approved: 11.28.2017
Page I of 2
ANX-2017-005
Exhibit A,B,C,D,E attached
known as Ronald Reagan Boulevard, being portions of those rights-of-way described in "Exhibit
D". "Exhibit E" contains the service plan.
Section 3. The 133.10 acres, as described in "Exhibit C" of this ordinance, is included in
City Council District 3 and 4, as it is adjacent to Council District 3 and 4 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 and be in full force and effect in accordance with
the City Charter.
Passed and Approved on First Reading on the 281h day of November, 2017.
Attest:
A`�
Shelley Now
City Secretar
Approved Form:
Charlie McNabb
City Attorney
Ordinance No.
Somerset Hills -2
Date Approved: 11.28.2017
The City of Georgetown:
2A.In
Dale Ross
Mayor
Page 2 of 2
ANX-2017-005
Exhibit A,B,C,D,E attached
August 2, 2017
Ms, Sofia Nelson, CNU-A
planning Director
City of Georgetown
P,O. Box 1456
Georgetown, TX 78627
RE: Somerset .Hilts 133.1 Acre Annexation Request
Dear Sofia,
please find enclosed our application for annexation of approximately 133..1 acres of land within the
Somerset Hills Development Agreement Lands.
Somerset Hills, LTD (Applicant) is the Developer identified within the Cowen Springs AKA Somerset
Hills Development Agreement (Development Agreement). Somerset Hills, LTD has released portions
of the. Development Agreement lands and continues to own and manage approximately 377,9 acres
of the said rands that are the subject to the. Development Agreernent.
I am submitting this letter and attached Application for Voluntary Annexation of the 133.1 acres as
described on the attached exhibit,
Thank you for your consideration of this Annexation Application.
Sincerely,
Albert V. Furman,
Enclosure
CC; Glenn Aaronson
STATE OF 0 VV CL
COUNTY OF I,
The foregoing instrument was acknowledged before me this day of
Wri I A.1 2017, by Alb, � Vg m-Ky"1, far and on behalf thereof.
UM D. ORM
NOTWYPURE
STAN OF MEIMiM ``
A*No. MI 1 Signature of N ary Public» State of G 4U�
Aly Appt Eon W M, 2itl 1
(NOTARIAL SEAL)�_,__QLA,)A „_
August 2, 2017
Ms. Sofia Nelson, CNU-A
Planning Director
City of Georgetown
P.O. Box 1458
Georgetown, TX 78627
RE: Somerset Hills 133.1 Acre Annexation Request
Dear Sofia,
Please find enclosed our application for annexation of approximately 133.1 acres of land within the
Somerset Hills Development Agreement Lands.
Somerset Hills, LTD (Applicant) is the Developer identified within the Cowan Springs AKA Somerset
Hills Development Agreement (Development Agreement). Somerset Hills, LTD has released portions of
the Development Agreement lands and continues to own and manage approximately 377.9 acres of the
said lands that are the subject to the Development Agreement.
I am submitting this letter and attached Application for Voluntary Annexation of the 133.1 acres as
described on the attached exhibit.
The applicant reserves the right to pull this annexation application from consideration at any time during
the proceedings. With this signed petition for voluntary annexation, the landowner understands that
construction of any capital improvements necessary for the development on the property will not be the
responsibility of the City of Georgetown if approved for annexation; rather, such improvements will occur
through non -City financial assistance through the subdivision and construction process.
Than y u for your consideration of this Annexation Application.
Since
Terry I-Mcight
Enclosure
CC: Glenn Aaronson
STATE OF t_ie_VaA4.
COUNTY OF C a yV_
The foregoing instrument was acknowledged before me this Ar-' day of
2017, by L . for and on beha ereof.
D. WOW
HDTARY PLBLZ
STATE OF NEWM
1WApPt�.se*t MYApA sept r. 301! Si ature of Rotary Public - State of
11
(NOTARIAL SEAL)
Print, type, or stamp commissioned name of Notary
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PROPOSED PARCEL SIX (6)
METES AND BOUNDS DESCRIPTION
113.393 ACRES or 4,939,393 SQUARE FOOT TRACT
FREDRICK FOY SURVEY, ABSTRACT NO. 229
WILLIAMSON COUNTY, TEXAS
Being 113.393 acres or 4,939,393 square feet of land situated in the Fredrick Foy Survey,
Abstract Number 229 of Williamson County, Texas and being a portion of a called
1,013.527 acre tract conveyed to SOMERSET HILLS, LTD by Document Number
2004098880of the Official Public Records of Williamson County Texas (O.P.R.W.C.T.)
and all of a called 18.908 acre tract conveyed to SOMERSET HILLS, LTD by Document
Number 2016050011 of the Official Public Records of Williamson County Texas
(O.P.R.W.C.T.). Said 113.393 Acre tract of land being more particularly described by
metes and bounds as follows with all bearings being referenced to the Texas State Plane
Coordinate System, Texas Central Zone, NAD 83/93 HARN Datum with all distances
shown hereon converted to surface values by multiplying by the combined scale factor of
1.000143965.
BEGINNING, at a 1/2 -inch iron rod with cap stamped "Survcon Inc." found, for the
Northwest corner of said 18.908 acre tract, being a point in the east line of said
1,013.527 acre tract, same being the southeast corner of a called 7.2414acre tract
conveyed to the City Of Georgetown by Document Number 200906884, same also being
the southwest corner of a called 12.7586 acre tract also conveyed to the City Of
Georgetown by Document Number 200906884 of the Official Public Records of
Williamson County Texas (O.P.R.W.C.T.);
THENCE, North 68°26'34" East, along the line common to the south line of said 12.7586
acre tract and the north line of said 18.908 acre tract, a distance of 671.19 feet to a 1/2 -
inch iron rod with cap stamped "Forester" found in the east line of said 18.908 acre tract,
being a point in the west line of the remainder of a called 266.511 acre tract conveyed to
John F. Yearwood as recorded in Volume 2636, Page 907, W.C.D.R and also recorded in
Document Number 9455556 O.P.R.W.C.T.;
THENCE, South 81 °05'53" East, along the line common to said 18.908 acre tract and
said remainder of a called 266.511 acre tract, a distance of 984.75 feet to, a 1/2 -inch iron
rod with cap stamped "Survcon Inc." found, for the northwest corner of a called 3.1616
acre tract conveyed to John F. Yearwood as recorded in Document Number 2008068635
O.P.R.W.C.T.;
THENCE, along the line common to the east line of said 18.908 acre tract and the west
line of said 3.1616 acre tract the following three (3) courses:
1. South 21'22'34" East, a distance of 256.79 feet to a found spike at the beginning
of a curve to the right;
2. 98.39 feet along the arc of said curve to the right having a Radius of 470.00 feet, a
Central angle of 11 °59'41 ", a Chord bearing of South 15°22'43" East, a distance of
98.21 feet to a found spike;
3. South 09°22'53" East, a distance of 88.69 feet to a 1/2 -inch iron rod found (no
cap) in the North Right -of -Way line of Ronald Regan Boulevard as dedicated as
a called 10.8151 acre tract by Document Number 2010006962 O.P.R.W.C.T.;
THENCE, along the line common to the south line of said 18.908 acre tract and the
North Right -of -Way line of said Reagan Boulevard the following four (4) courses:
1. South 81'04'43" West, a distance of 46.76 feet to a point in a 3 -inch fence corner
post;
2. South 08°27'17" East, a distance of 20.00 feet a 1/2 -inch iron rod found (no cap)
for a non -tangent point of curvature;
3. 649.55 feet along the arc of said curve to the right having a Radius of 2890.00 feet,
a Central angle of 12°52'40", a Chord bearing of South 87°59'03" West, a distance
of 648.19 feet to a found cotton gin spindle;
4. North 85034137" West, a distance of 928.38 feet to a 1/2 -inch iron rod found (no
cap) for the southwest comer of said 18.908 acre tract and a point in the east line
of said 1,013.527 acre tract, the east corner of a called 51.41 acre tract dedication
also described in Document Number 2010006962 O.P.R.W.C.T.; and from which
the northwest corner of said 19.908 acre tract bears: North 20°34'02" West,
326.12 feet;
THENCE, continuing along the North Right -of -Way line of said Reagan Boulevard and
the south line of said 51.41 acre tract, the following three (3) courses:
1. North 85034'37" West, a distance of 456.14 feet to, a 1/2 -inch iron rod with cap
stamped "Stanley" found for a point of curvature to the left;
2. 1929.68 feet along the arc of said curve to the left having a Radius of 3670.00
feet, a Central angle of 30°07'34", a Chord bearing of South 79°21'36" West, a
distance of 1907.53 feet to a found, 1/2 -inch iron rod with cap stamped "Stanley";
3. South 64'17'49" West, a distance of 3169.13 feet to a calculated point for the
division line of proposed Parcels Five (5) and Six (6); from which a found cotton
gin spindle bears South 64°17'49" West, 509.93 feet,
Thence from said calculated point and departing the north Right -of -Way line of Reagan
Boulevard and over and across said 1.013.527 acre tract and along the proposed division
line of parcels five and six the following four (4) courses:
1. North 22°18'59" West, a distance of 422.01 feet to a calculated point;
2. North 03°50'01" East, a distance of 528.15 feet to a calculated point;
3. North 21030'51 " West, a distance of 346.09 feet to a calculated point;
4. N 04°04'05" W, a distance of 192.93 feet to a calculated point in the line
common to the north line of said 1,013.527 acre tract and the south line of a
called 1.409 acre City of Georgetown tract, from which a found 1/2 -inch iron rod
bears: South 68°25'09" West, a distance of 385.91 feet;
THENCE, North 68°25'09" East, along the north line of said 1,013.527 acre tract, south
line of said 1.409 acre tract, a distance of 309.70 feet to a 60(d) nail in the common line
of said 1,013.527 acre tract and a called 963.84 acre tract conveyed to John F. Yearwood
by Volume 1813, Page 665 W.C.D.R and also recorded in Document Number 9840749
O.P.R.W.C.T.;
THENCE, along the lines common to a north and east line of said 1,013.572 acre and a
west and south line of said 963.84 acre tract the following two (2) courses:
South 22°21'51" East, a distance of 532.46 feet, to a point in 3 -inch fence corner
post;
2. North 68°08'46" East; a distance of 1453.60 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found for the common corner of above said tracts and the
northwest corner of a called 1.616 acre City of Georgetown tract, recorded in
Document Number 2003110378, O.P.R. W. C. T.;
Thence, departing said 963.84 acre tract and along the line common to said northerly
lines of a 1,013.527 acre tract and said west, south and east line of a 1.616 acre tract the
following five (5) courses:
South 22°06'49" East, a distance of 72.99 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found;
2. South 21°48'56" East, a distance of 159.36 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found for a non -tangent point of curvature to the right;
3. 273.82 feet along the arc of said curve to the right having a Radius of 5130.00
feet, a Central angle of 03°03'30", a Chord bearing of North 82°44'31" East, a
distance of 273.79 feet to a found, to a 1/2 -inch iron rod with cap stamped
"Survcon Inc.";
4. North 21048156" West, a distance of 228.87 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found;
5. North 221106'49" West, a distance of 72.47 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found for a common corner of these two tract with said
963.84 acre tract;
Thence, along the line common to said north line of a 1,013.527 acre tract and said south
line of a 963.84 acre tract the following two (2) courses:
I. North 68°08'46" East, a distance of 485.41 feet, to a 3 -inch angle fence post;
2. North 69°25'58" East, a distance of 2272.23 feet, to a 1/2 -inch iron rod with cap
stamped "Survcon Inc." found for the northwest corner of said 7.2414 acre tract;
THENCE, South 24033'00" East, along the line common to the west line of said 7.2414
acre tract with the east line of said remainder of a 1,013.527 acre tract, a distance of
876.18 feet to a 1/2 -inch iron rod with cap stamped "Survcon Inc." found for the
southwest corner of said 7.2414 acre tract;
THENCE, North 68°26'36" East, along the south line of said 7.2414 acre tract, a distance
of 331.59 feet, to the POINT OF BEGINNING and containing a computed area of
113.393 Acres or (4,939,393 square feet) of land more or less.
This is accompanied with a sketch of survey.
Darrell D. White
Registered Professional Land Surveyor
Texas Registration Number 4816
Prepared by: McKim & Creed, Inc.
8868 Research Blvd., Suite 407
Austin, Texas 78758
TBPLS Firm Registration number 101776-01
Date:
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PROPOSED PARCEL SEVEN (7)
METES AND BOUNDS DESCRIPTION
19.766 ACRES or 861,004 SQUARE FOOT TRACT
FREDRICK FOY SURVEY, ABSTRACT NO. 229
WILLIAMSON COUNTY, TEXAS
Being 19.766 acres or 861,004 square feet of land situated in the Fredrick Foy Survey,
Abstract Number 229 of Williamson County, Texas and being a portion of a called
1,013.527 acre tract conveyed to SOMERSET HILLS, LTD by Document Number
2004098880 of the Official Public Records of Williamson County Texas (O.P.R.W.C.T.).
Said 19.766 Acre tract of land being more particularly described by metes and bounds as
follows with all bearings being referenced to the Texas State Plane Coordinate System,
Texas Central Zone, NAD 83/93 HARN Datum with all distances shown hereon
converted to surface values by multiplying by the combined scale factor of 1.000143965.
BEGINNING, at a 1/2 -inch iron rod with no cap found, for the Northeast corner of said
19.766 acre tract, being a point in the east line of said 1,013.527 acre tract, same being an
inner ell corner of a remainder of a called 747.42 acre tract conveyed to Ahmad Fakhr by
Document Number 9706311 , point being North 01'44'28" West, a distance of247.78 feet
from a common corner of said 1,013.527 acre tract and a remainder of a called 963.84
acre tract conveyed to John F. Yearwood by Document Number 9840749, O.R.W.C.T.;
THENCE, South 21°32'49" East, along the line common to the west line of said 747.42
acre tract and the east line of said 1,013.527 acre tract, at distance of 965.65 feet past a
1/2 -inch iron rod with cap stamped "RPLS 5184" found in the east line of said 747.42
acre tract, a total distance of 990.07 feet to a 1/2 -inch iron rod with cap stamped
"Stanley" found being a point in the north right-of-way of Ronald Reagan Boulevard
(width Varies) as recorded in Document Number 2010006962, O.P.R.W.C.T.;
THENCE, continuing along the North Right -of -Way line of said Reagan Boulevard and
the south line of said 1,013.527 acre tract, the following three (3) courses:
1. South 32°51'27" West, a distance of 219.25 feet to al/2-inch iron rod with cap
stamped "Stanley" found for a non -tangent point of curvature;
2. 1721.79 feet along the are of said curve to the right having a Radius of 2890.00
feet, a Central angle of 34°08'07", a Chord bearing of South 49°55'31" West, a
distance of 1696.44 feet to a 1/2 -inch iron rod with cap stamped "Stanley" found;
3. North 23°00'25" West, a distance of 20.80 feet to al/2-inch iron rod with cap
stamped "Stanley" found, said point being in the southeast line of a called 97.068
acre tract conveyed to John F. Yearwood ET UX by Document Number
9840749, O.R.W.C.T.
THENCE, along the line common to the west line of said 1,013.527 acre tract and east
line of said 97.068 acre tract the following four (4) courses:
1. North 44°00'37" East, a distance of 313.71 feet to a 1/2 -inch iron rod with cap
stamped "Stanley" found;
2. North 27°39'37" East, a distance of 1395.88 feet to a 60d nail found;
3. North 19°15'37" East, a distance of 581.96 feet to a 1/2 -inch iron rod with cap
stamped "Stanley" found;
4. North 01'42'00" East, a distance of 168.93 feet, to the POINT OF BEGINNING
and containing a computed area of 19.766 Acres or (861,004 square feet) of land
more or less.
This is accompanied with a sketch of survey.
Darrell DNVhite
Registered Professional Land Surveyor
Texas Registration Number 4816
Prepared by: McKim & Creed, Inc.
8868 Research Blvd., Suite 407
Austin, Texas 78758
TBPLS Firm Registration number 101776-01
Date: �`�y / 7
=
EXHIBIT
c
11.33 ACRE FN NO 1066
RONALD REAGAN BOULEVARD DECEMBER 21, 2007
SOMERSET HILLS, LTD. PROJECT NO, 19820.01.30
DESCRIPTION
OF A 11,33 ACRE TRACT OF LAND OUT OF AND PART OF THE FRE'DRICK FOY
SURVEY, ABSTRACT NO. 229, SITUATED IN WILLIAMSON COUNTY, TEXAS;
SAID 11.33 ACRES, BEING A PORTION OF THAT TRACT DESCRIBED AS 189.15
ACRES, PURCHASE TRACT — LOT 2, IN A DEED TO SOMERSET HILLS, LTD. AS
RECORDED IN DOCUMENT NO. 2004098880 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 11.33 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS:
COMMENCING at a 1/2 inch iron rod found for the most northerly corner of said 189.15 acre
tract, same being in the west line of a 424.43 acre tract, in a deed to 10hn D. Gourley, et ai, as
recorded in Document No. 2006052470 of the Official Public Records of Williamson Cortnty,
Texas, also being in the east line of a 97.068 acre tract, in a deed to John F, Yearwood et ux, as
recorded in Document No, 9840749 of the Official Public Records of Williamson County, Texas;
THE, leaving the east line of said 97.068 acre tract, with the east line of said 189.15
acre tract, also being the west line of said 424.43 acre tract, S21032'53"E, a distance of
990.22 feet to a 1/2 inch iron rod set with plastic surveyor's cap set for the northeast
corner hercof, for the POINT OF BEGINNING;
THENCE along the east line of said 189.15 acre tract, same being the west line of said 424.43
acre tract, S21°32'53"E, a distance of 270,55 feet to a 1/2 inch iron rod set with plastic
surveyor's cap for the southeast corder;
THENCE leaving the west line of said 424.43 acre tract, through said 189.15 acre tract, the
following four (4) courses and distances:
1) S32'5 1'27"W, a distance of 64.31 feet to a 1/2 inch iron rod set with plastic surveyor's
cap for a point of curvature,
2) an are distance of 1852.86 feet, along a curve to the right, having a radius of 3110.00 feet,
a delta angle of 34°08'07", a chord distance of 1825.58 feet (chord bears 849°55'31" V),
to a 1/2 inch iron rod set with plastic surveyor's cap for the point of tangency, same being
an ell corner,
3) $.23°00'25"E, a distance of 20.00 feet to a 1/2 inch iron rod set with plastic surveyor's
cap for an ell collier, and
FN 1066
PAGE
4) an are distance of 324.37 feet, along a curve to the right, having a radius of 3130.00 feet,
a delta angle of 05056'l 6") a chord distance of 324.23 feet (chord bears S69°57'43"), to a
1/2 inch iron rod set with plastic surveyor's cap in the west line of said 189,15 acre tract,
same being the east line of a 125.379 acre tract, in a deed to Del Webb Texas, LTD,, as
recorded in Document No. 2004075169 of the Official Public Records of Williamson
County, Texas, for the southwest corner hereof;
THENCE along the west line of said 189.15 acre tract, same being the east line of said 125.379
acre tract, N17°02'29"W, a distance of 72.69 feet to a I/2 inch iron rod set with plastic
surveyor's cap for angle point in the west line of said 189.15 acre tract, same being the northeast
corner of said 125.379 acre tract, also being the southeast corner of said 97.068 acre tract;
THENCE leaving the east line of said 125.379 acre tract, along the west Iine of said (89.15 acre
tract, same being the east line of said 97.068 acre tract, the following six (6) courses and
distances:
1) N19°18'20"W, a distance of 90,90 feet to a 1/2 inch iron rod found for an angle point,
2) N05°57'07"E, a distance of 25.07 feet to a 1/2 inch iron rod found with plastic surveyor's
cap for an angle point,
3) S83°59'35"E, a distance of 16,58 feet to a 1/2 inch iron rod found with plastic surveyor's
cap for an angle point,
4) NO2°23' 19"W, a distance of 37.00 feet to a 1/2 inch iron rod found for an angle point,
5) N72°50'34"E, a distance of 158.77 feet to a 1/2 inch iron rod found with plastic
surveyor's cap for an angle point, and
6) N44°00'28"E, a distance of 123.79 feet to a 1/2 inch iron rod set with plastic surveyor's
cap for an angle point;
THENCE leaving the east line of said 97.068 acre tract, through said 189,15 acre tract, the
following four (4) courses and distances:
1) an arc distance of 1.75 feet, along a curve to the left, having a radius of 2870.00 feet, a
delta angle of 00002'06', a chord distance of 1.75 feet (chord bears N67000'38"E), to a
1/2 inch iron rod set with plastic surveyor's cap for an a point of tangency, also being an
ell corner hereof,
2) 823°00'25"E, a distance of 20.00 feet to a 1/2 inch iron rod set with plastic surveyor's
cap for a point of curvature, also being an ell corner hereof,
FN 1066
PAGE 3
3) an are distance of 172139 feet, along n eme to tl,e left, having a radius of 2990.00 feet,
a della angle of 34°08'07", a Chord distance of 1696.14 feet (cliord Gems N490553111E),
to it 1f2 inch iroxi roti set will, plastic surveyor's cal) for a point of tangency, and
4) N32°51'27"E, a distance of 221.78 feet, to the POINT OF BEGINNING, containing
11.33 acres of land, more or less, within these metes unci bounds.
This Iteldnote da$criptjon leas beet, prepared ill conjunction with a digitol survey map identified as Stanley
ConsultallIS, Inc,, drawing Ole "M 1066,dwg".
STATE OF TEXAS
COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS
TRAT I, BLAINS J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY TRAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE
HEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED
HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
DIRECTION AND SUPERVISION. WITNESS MY HAND AND SEAL AT AUSTIN, 'TRAVIS
COUNTY, TEXAS THIS 21st DAY OF DECEMBER, 2007 A.D.
r
BLAINE , MIIA ER, RPLS
STATE OF TEXAS NO. 5121
STANLEY CONSULTANTS, INC.
6836 AUSTIN CENTER BLVD., SUITE 350
AUSTIN, TX 78731
(FIN -105,1 to FN-105OWN-1066.doc)
dOHN F. YEARWOOD ET UX
(CALLED 97.008 ACRES)
NO. 9840749 O.R.W.C.T. ^` P•O.C. ��
U
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--- SEE DETAIL
ifl
SOMERSET HILLS, LTD,
DOC. NO. 2004098880
(OPRWCT)
(PURCHASE TRACT - LOT 2)
(189.15 ACRES)
DEL WEBB TEXAS LTD. \Y
(CALLED 125.379 ACRES)
O.P,R,W.C.T. rA
DOC. NO. 200407.5169
DEL WEBB TEXAS LTD.
(REMAINDER OF 425.98.1 ACRES) TRACT 4
DOC, NO. 9558177 O.R.W.C.T.
0
LEGEND _
e 11r IRON ROD FOUND
O I/2' :RON 1101) FOUND W/
SURVEYOR'S CAP
0 i/2'IRON ROD SET W/
SURVE'YOR'S CAP
0 CALCUI_AlE9 POINT
(UNLESS OTNERM$E NOTED)
(XXX) RECORD INFORMATION
VOL. XXXXX, P0, XXXX
P.O.B, POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
LINE TABLE
CLIRVE TABLE
LINE
- L1 -
L2N58'25'25"W
BEARING
_ N53'30'25"W
CURVT;
DELTA
RADIUS I
ARC
CHORD BEARING
CHORD
C1
14'33'09"'_2870.
0'
28.94'
N74'16'09"E
728.98'
C2
C3
14,33,09"
_34'08'07"
3130.00'
2890.00'
794.98'
1721.79'
N74'18'09"E
N49'55'31"E
792.84'
1696.44'1
C4
34'08'07"
10.00'
1852.86'
9'5531"W
1825.90
C5
05'56'1 "
3130.00
324.37'
S69'57'43" W
324.23'
C6
00' 2'DB;'
2870.0:7
1.75'
N67'00'38"E ,�_j.l'
NOO'56'37"E
0
LEGEND _
e 11r IRON ROD FOUND
O I/2' :RON 1101) FOUND W/
SURVEYOR'S CAP
0 i/2'IRON ROD SET W/
SURVE'YOR'S CAP
0 CALCUI_AlE9 POINT
(UNLESS OTNERM$E NOTED)
(XXX) RECORD INFORMATION
VOL. XXXXX, P0, XXXX
P.O.B, POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
SHEET
OF 1
LINE TABLE
SKETCH TO ACCOMPANY DESCRIPTION
OF 11.33 ACRES OUT OF A 189.15
ACRE TRACT (LOT 2) IN DOCUMENT NO.
2004098880 OFFICIAL PUBLIC RECORDS,
WILLIAMSON COIJN'M TEXAS
LINE
- L1 -
L2N58'25'25"W
BEARING
_ N53'30'25"W
DISTANCE
374.90'
31D.91'
L3
N53'05'25"W
449.87'
L4 I
N42'2525"W
451.87'
L5 I
N36'10'25"W
547.35'
L6
N17'D2'49"W
287.20'
L7
N19'18'20"W
90.90'
L8
N0557'07"E
25.07'
L9
S803'59'353"E
16.58'
L10
NO2'23'19"W
37,00'
L11
N72'50'34"E
158.77'
L12
N44.00'28"E
439,39'
L13
N19'15'4 "E
581.97'
L14
NOO'56'37"E
167.74'
L15
N3 '51'27"E
221.78'
L16
S32' 1'27"W
61.31.
L17
- 523'00'25"E
20.00'
L18 __25_23'00'25"
20.00'
L19
N44.00'2-8'
123.79'
L20
N 17'02'29"
72.69'
L21
821'3 '53"
270.55'
L22
'04'35"
78.49'
SHEET
OF 1
Senia: 4'�a<pQ' Dale; 13 7,1 U7
X: 1s8EQ�O1 RONALD RFAOAN
SKETCH TO ACCOMPANY DESCRIPTION
OF 11.33 ACRES OUT OF A 189.15
ACRE TRACT (LOT 2) IN DOCUMENT NO.
2004098880 OFFICIAL PUBLIC RECORDS,
WILLIAMSON COIJN'M TEXAS
a
Stanley Consultants INC.
U.N. x• m uNr OW. 1� hll, rn, k 7V31Pfa{1,1
. �f... P,a-...
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No.: 19119ac11..3CI
EXHIBIT
METES AND BOUNDS DESCRIPTION
10.8151 ACRE
FREDERICK FOY SURVEY, A-229
WILLIAMSON COUNTY, TEXAS
Being 10.8151 acres (471,105 square feet) of land situated in the Frederick Foy Survey, A-229,
Williamson County, Texas and being a portion of a called 87.442 acre tract of land conveyed to DEL
W13BB TEXAS LIMITED PARTNERSHIP, under Document No. 9728557 of the Official Records of
Williamson County, Texas (O.R.W.C.T.). Said 10.8151 acre tract being more particularly described by
metes and bounds as follows with all bearings being referenced to the Texas State Plane Coordinate
System, Texas Central Zone, NAD 83/93 HARN Datuin. Coordinates shown hereon are grid and all
distances were converted to surface by multiplying by the combined factor of 1.000143965.
COMMENCING at a 1/2 -inch iron rod found (X= 3,111,014.37: Y= 10,246,334.57) marking the
nortlicast confer of said 87.442 acre tract, same being the northwest corner of a called 266.511 acre tract
of land conveyed to John F. Yearwood as recorded in Volume 2636, Page 907 of (lie Williamson County
Deed Records and recorded under Document No. 9455556 in the Official Records of Williamson County,
Texas (O.R.W.C.T_). Said point also being in the cast line of a Utility Easement conveyed to the City of
Georgetown as recorded under Docutnent No, 20070101360 of the O.R. W.C.T.. Said point also being in
the south line of the remainder of a called 963,84 acre tract conveyed to John F. 'Yearwood as recorded in
Volume 1813, Page 665 of the U.R. W.C.T.;
`1'HENCF., S 24°33'00" E, a distance of 869.39 feet, and along the east line of said Utility Easement to a
1/2 -inch iron rod (with cap stamped "SURVCON INC.) found for corner;
THENCE, S 81005'53" E, n distance of 1500,28 feet to a 1/2 -inch iron rod (with cap stamped
"SURVCON INC,);
THENCE, S 47°33'05" W, a distance of 14.93 feet to a 112 -inch iron rod (with cap stamped "SURVCON
INC.") found for corner;
THENCE, S 11-23-05" W, a distance of 267.26 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") set for corner located in the proposed northerly right-of-way line of Ronald Reagan Boulevard
(width varies) and being in the arc of a non -tangent curve to the left for (lie POINT OF BEGINNING
(X= 3,112,794.02: Y— 10,245,039,53) of the herein described tract;
THENCE) 361.03 feel along the arc of said curve, and northerly right-of-way line, to the left having a
Radius of 2870.00 feet, a Central angle of 7°12'27", a Chord bearing N 70°38'04" E, a distance of 360.79
feel to a to a 1/2 -inch iron rod with cap stainped "SURVCON INC," set for corner and being in the west
line called 189.153 acre tract of land (described as Lot 2) and conveyed to SOMERSET HILLS, LTD, a
Texas Limited Partnership, under Documeut No, 2004098880 in the O.R.W.T.C;
'THENCE, along the west line of said 189.153 acre tract the following six (6) courses and distances:
I. S 44°00'37" W, a distance of 123.61 feet to a 1/2 -inch iron rod (wi(h cap stamped "SURVCON
INC.") found for corner;
2, S 7205917" W, a distance of 158.41 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") found for confer;
Page 1 of 3
ZA04111e66160028345 AddiNonnI Services -1007 (wd 100,YWonald Reagan ROIL' & nracir within Ndleldl&01Enike Ronald Reagan ROIF widiibi
Palle Properp: N&R.doc
3. S 01°47'23" E, a distance of 37.03 feet to a U2 -inch iron rod (with cap stamped "SURVCON
INC.") found for corner;
4. N 84603'10" W, a distance of 16.18 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") found for comer;
5. S O5°54'37" W, a distance of 25.07 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") found for corner;
6. S 18°20'51" E, a distance of 163,17 feet to a 1/2 -inch iron rod (with cap stamper! "SURVCON
INC,") found located in the southerly right-of-way line of said Ronald Reagan Boulevard and
being in the are of a non -tangent curve to the right;
THE, NCE, along the southerly right-of-way line of said Ronald Reagan Boulevard the following three (3)
courses and distances:
I. 468.22 feet along the arc of said curve to the right having a Radius of 3130.00 feet, a Central
angle of 894116", a Chord bearing S 77° 15'35" W, a distance of 467.79 feet to a to a 1/2 -inch
iron rod (with cap stamped "SURVCON INC.") set for corner;
2. N 08°27'17" W, a distance of .20,00 feet to a 1/2 -inch iron rod (with cap stamped
"SURVCON INC.") sot for corner and being in the arc of a non -tangent curve to the right;
3. 699.00 feet along the arc of said curve to the right having a Radius of 3l 10.00 feet, a Central
angle of 12°52'40", a Chord bearing S 87°59'03" W, a distance of 697.53 feet to a to a 1/2 -
inch iron rod (with cap stamped "SURVCON INC.") set for corner;
THENCE, N 85°34'37" W, a distance of 848.37 feet, leaving said southerly right-of-way line of Ronald
Reagan Boulevard to a 1/2 -inch iron rod (with cap stamped "SURV('ON INC.") set for corner;
THENCE, N 08°31'40" W, a distance of 97.90 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") set for corner;
T1-IENCE, N 20034'02" W, a distance of 137.46 feet to a 1/2 -inch iron rod (with cap stamped
"SURVCON INC.") set for corner and being located in (lie northerly right-of-way line of aforementioned
Ronald Reagan Boulevard;
THENCE, along (lie northerly right-of-way line of said Ronald Reagan Boulevard the following four (4)
courses and distances:
I. S 85°34'37" E, a distance of 928.38 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") set for the beginning of a tangent curve to the left;
2. 649.55 feet along the are of said curve to the right having a Radius of 2890.00 feet, a Central
angle of 12°52'40", a Chord bearing N 87°59'03" E, a distance of 648.19 feet to a 1/2 -inch iron
rod (with cap stamped "SURVCON INC,") set for corner;
3. N 08°27'17" W, a distance of 20,00 feet to a 1/2 -inch iron rod (with cap stamped "SURVCON
INC.") set for comer;
Page 2 of 3
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4. 366.03 feet along the arc of said curve to the right having a Radius of 2870.00 feet, a Central
angle of 7°18'26", a Chord bearing N 77°53'30" E, a distance of 365.78 feet to the POINT Or
BEGINNING containing a computcd area of 10.8151 acres (471,105 square feet) of land.
'2-
Jeo
D. Webber, Jr. 14Date
Registered Profcsdssiostal La Surveyor
'texas Registration No. 4552
"VCON INC.
400 W. 15'h Street, Suite 430
Austin, Texas 78701
Page 3 of 3
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Exhibit E
I. INTRODUCTION
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: SOMERSET HILLS -2
COUNCIL DISTRICT NO.: 3 & 4
DATE: NOVEMBER 28, 2017
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 "B" to this Service
Plan, which is referred to as "Somerset Hills -2". 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 August 8, 2017 and August 22, 2017 in accordance with Section 43.0560) of the LGC.
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
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 21/z years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
41/2 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,
Annexation Service Plan Page 1 of 13
Area: Somerset Hills -2
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(8) 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
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.
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Area: Somerset Hills -2
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.
9. Planning and Development, Building Permits, and Inspections Services; - 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.
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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 41/2 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
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
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of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and 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 21/2 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
1/2 years 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 Plan 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.
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
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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
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
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Area: Somerset Hills -2
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.
& 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 into
ease 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 public
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Area: Somerset Hills -2
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
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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 Iine extensions.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. 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 13.1.0.020 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.
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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 6) 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:
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Area: Somerset Hills -2
I . 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 ofa Public Centralized Wastewater Collection Main. Ifa 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)
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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
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sewer 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.
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