HomeMy WebLinkAboutORD 2019-75 - ANX Maravilla Offsite RdOrdinance No. 42 lol 15
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 1.123 acres, more or less, in
the J.B. Pulsifer Survey, Abstract No. 498, as described herein, repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, the owners of the area proposed for annexation requested annexation of the area
by the City of Georgetown ("City"), pursuant to Local Government Code Section 43.0671; and
Whereas, all of the herein -described property lies within the extraterritorial jurisdiction
of the City of Georgetown, Texas; and
Whereas, the Georgetown City Council approved a Municipal Services Agreement for the
subject property on October 8, 2019; and
Whereas, the Section 4.03.010 of the City's Unified Development Code ("UDC") creates
procedures for initial zoning of newly annexed territory; 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.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
1.123 acres in the J.B. Pulsifer Survey, Abstract No. 498, as shown in "Exhibit A" and as described
in "Exhibit B" of this ordinance (the "Property"). The Property is hereby included in City Council
District 2, as it is adjacent to Council District 2 and no other City Council Districts. The City's
official boundary map and City Council Districts map shall be amended accordingly.
Section 3. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Council hereby finds that a zoning classification of Agriculture (AG) is appropriate for the
Property and consistent with the City's Comprehensive Plan, and upon annexation the Property
shall have a zoning of Agriculture (AG). The City's Official Zoning Map shall be amended
accordingly.
Ordinance No. A011 - -7-5 Page 1 of 2
Maravilla Offsite Road, 1.123 acres 2019-5-ANX
Date Approved: November 12, 2019 Exhibit ABC attached
Section 4. Upon annexation of the Property, the City shall provide to the Property the
municipal services set forth in the Municipal Services Agreement attached to this ordinance as
Exhibit "C" and by this reference incorporated within it (the "Agreement"), pursuant to the
schedule set forth therein. The City shall have no obligation to provide services to the Property
not listed in the Agreement.
Section 5. 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 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect in accordance with
the City Charter.
Passed and Approved on First Reading on the 22°d day of October, 2019.
Passed and Approved on Second Reading on the 121h day of November, 2019.
The City of Georgetown:
Dale Ross
Mayor
Approved as to form:
Charlie McNabb
City Attorney
Attest:
Robyn Densmore, TRMC
City Secretary
Ordinance No. O - l - � Page 2 of 2
Maravilla Offsite Road, 1.123 acres 2019-5-ANX
Date Approved: November 12, 2019 Exhibit ABC attached
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EXHIBIT "A"
BEING A 1.123 ACRES OF LAND OUT OF THE J. B. PULSIFER SURVEY, ABSTRACT
498, WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 1.428
ACRE TRACT DESCRIBED IN SPECIAL WARRANTY DEED TO H4WR PHASE 3A,
LLC RECORDED IN DOCUMENT NUMBER 2019020656 OF THE OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at a set lit" iron rod with a red plastic cap stamped "MATKINHOOVER ENG.& SURVEY"
on the north line of a called 7.21 acre tract described in deed to Andrew Glenn Mahaffey and wife, Linda
Boyd Mahaffey recorded in Volume 203 t, Page 413 of the Official Records of Williamson County, Texas
(O.R.W.C.T.), the southeast corner of a called 23.120 acre tract described as Tract I in deed to Ashby
Signature Homes, LLC recorded in Document Number 2018098005 of the O.P.R. W.C.T. same being the
southwest corner of the herein described, from which a 112-inch iron rod found for the northwest corner of
said 7.21 acre tract bears South 83"39'51" West 370,81 feet;
THENCE North 10*42116" West with the east line of said Tract i, passing at a distance of 540.77 feet a 1/2-inch
iron rod found for the northeast corner of said Tract I and the southeast corner of a called 12.84 acre tract described
in deed to Mark L. Price and wife, Paula H. Price recorded in Volume 2477, Page 240 of the O.R.W.C.T., continuing
for a total distance of 976.75 feet with the east line of 12.84 acre tract to a set 1/2" iron rod with a red plastic cap
stamped "MATKINHOOVER ENG.& SURVEY" for the northwest corner of the herein described, fi•om which the
a 1f2-inch iron rod found for the northwest corner of the 1.428 acre tract bears North 1 l°48'37" West 272.08 feet;
THENCE North 79°16'21" East 50.00 feet through said 1.428 acre tract with the north line of the herein described
to a set 1/2" iron rod with a red plastic cap stamped "MATKfNHOOVER ENG.& SURVEY" for the northeast
corner of the herein described and on the west line of a called 162.77 acre tract described as Tract Two, Parcel Two
in deed to Wolf Legacy, LP recorded in Document Number 2013096273 of the O.P.R.W.C,T., from which a 1/2-
inch iron rod found for an angle point in the west line of said 1.428 acre tract bears North 10'38'40" West 212.87
feet;
THENCE South 10142121" East 980.12 feet with the east line of the herein described and the west line of said
162.77 acre tract to a set 1I2" iron rod with a red plastic cap stamped "MATKINI HOOVER i;NG.& SURVEY" for
the northeast corner of said 7.21 acre tract same being the southeast corner of the herein described;
THENCE South 83107'56" West 50.14 feet with the north line of said 7.21 feet to the POINT OF BEGINNING
and containing 1.123 acres of land.
That I, Cory Blake Silva, a Registered Professional Land Surveyor, do hereby state that the above description is
true and correct to the best 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.
This description is accompanied by and inade a part of a sketch issued by Cory Blake Silva, Registered Professional
Land Surveyor No. 6500.
Registered Professional Nand Surveyor No. 6500
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Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), State Plane Coordinate System
of Texas, Central Zone, 4203, US Survey Foot, Grid.
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CATEGORY 1A LAND TITLE SURVEY OF
A 1.123 ACRE TRACT OF LAND LOCATED IN THE J. B. PULSIFER SURVEY,
ABSTRACT NO.498, WILLIAMSON COUNTY, TEXAS AND BEING A PORTION
OF A CALLED 1.428 ACRE TRACT OF LAND AS CONVEYED TO H4WR PHASE z�
3A, LLC, OF RECORD IN DOCUMENT NO.2019060106 OF THE OFFICIAL -� e
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
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PENiEHM'LTREP AT - cT TTassuRVEv. P.O.B. POINT OF BEGINNING
�j O.R. OFFICIAL RECORDS
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F PWrt 112- IRON ROD FOUND (UNLESS NOTED)
nA2Tpy nv uac SET 112' IRON ROD WITH A RED'MATHIN-HOOVER
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MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND Ashby Signatures Homes, LLC
This Municipal Services Agreement ("Agreement") is entered into on the 26 day of
September . 2019 by and between the City of Georgetown, Texas, a home -rule
municipality of the State of Texas ("City") and Ashby Signature Homes LL('.. _ ("Owner").
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The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered into this Agreement
WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an
area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land located at
Approx. 34 Skyline Road __ , which consists of approximately 1.123
acres of land in the City's extraterritorial jurisdiction, such property being more particularly
described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for annexation of the
Property, identified as Annexation Case No. 2019-5-ANX ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Georgetown City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the
subject of the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery
of full, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
Owner -Initiated Annexation Service Agreement
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
i. Fire Protection wid I-,, ing ency Medical 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.
ii. Police - The City's Police Department will provide protection and
law enforcement services.
iii. I'lanniqg and Development, Building Permits, and Inspections
Services - Upon annexation, the City will provide site plan review;
zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and
permits; and Stormwater Permit services in the annexed.
iv. Parks and Recreational Facilities. Residents of the Property will be
permitted to utilize all existing publicly -owned parks and
recreational facilities and all such facilities acquired or constructed
after the Effective Date (including community service facilities,
libraries, swimming pools, etc.), throughout the City. Any private
parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and
operation of the same upon acceptance of legal title thereto by the
City and appropriations therefor. In the event the City acquires any
other parks, facilities, or buildings necessary for City services within
the Property, the appropriate City department will provide
maintenance and operations of the same.
V. Other Publicly Dwned Buildings. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Library — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utility Services — The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
Owner -Initiated Annexation Service Agreement
will cover the direct and indirect costs of stormwater management
services.
viii. Streets. Reads, 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.
ix. Water and Wastewater Facilities in die 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 in accordance with City ordinances, standards,
policies and procedures.
X. Solid Waste Services -- The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. (:'cane Coiz»>liance The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Regulations — Upon annexation, the City
shall provide business licensing services (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) in the annexed area
b. The City will provide water service and wastewater treatment service to
developments established after the Effective Date in accordance with, and
on the schedule determined by, the City's extension policies, capital
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
C. The City may impose a fee for any municipal service in the area annexed if
Owner -Initiated Annexation Service Agreement
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.
d. It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager, Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, term, or provision was
never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in
Williamson County, Texas or the United States District Court for the Western
District of Texas, Austin Division and construed in conformity with the provisions
of Texas Local Government Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that party's right to insist upon appropriate performance
or to assert any such right on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
Owner -Initiated Annexation Service Agreement
4
or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or future owner of any portion of the
Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
By:
Dale oss
Mayor
Owner -initiated Annexation Service Agreement
5
Ashby Signature Homes, LLC.
By: �i
By: ��''t'
Y _
Name: Nori4 Ashby
Title: Owner
Approval to a
Charlie McNabb
City Attorney
Attest:
�& J.A
Robyn ❑en. more
City Secretary
Owner -Initiated Annexation Service Agreement
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day i
Dale Ross, Mayor of the City of Georgetown, a Texas municipal
corporation.
LIN
Notary Public, State of Texas
LINDARUTHWHIT
E
►: ��{ T� My Notary ID # 12493B123
Expires May 24, 2020
•PR.,
State of Texas §
County of W1 A Son §
of {.� > 2�C by
corporation, on behalf of said
Thi instrument vias acknowledged before me on the 2 P day of SP IeVK6!� 20LI, by
N Orm Arka 0Uw6'N2rZ- of [Name of indi tdual signing, title (if
any)] on behalf of said �'WYVCAkr sert name of company or individual
where applic ble .
By:
Notary Public, State of Texas
%Y■■tiY ROBERTA KLOPF
S 1}R...!�B
}° �F,c Notary Public, State of Texas
S:f^1.`{ Comm. Expires 07-30-2021
,'IV aF S �;tiy
.�������■ Notary ID 127900297
After Recording Return to
Owner -Initiated Annexation Service Agreement