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HomeMy WebLinkAboutORD 2019-88 - ANX 2488 Rockride LnOrdinance No. I vC _ U v 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 30.14 acres, more or less, in the William Addison Survey, Abstract No. 21, and 1.182 acres of right-of-way on Rockride Lane, 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 22, 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 31.322 acres in the William Addison Survey, Abstract No. 21, 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 7, as it is adjacent to Council District 7 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 Residential Single -Family (RS) is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Residential Single -Family (RS). The City's Official Zoning Map shall be amended accordingly. Ordinance No. , Ao\-1-It Page 1 of 2 Rockride Lane Subdivision 30.14 acres 2019-6-ANX Date Approved: 1211012019 Exhibit A,B,C 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 26th day of November, 2019 Passed and Approved on Second Reading on the 10t" day of December, 2019 The City of Georgetown: &4 Dale Ross Mayor Approved as rm: Charlie McNabb City Attorney Attest: JA Robyn Densmore, TRMC City Secretary Ordinance No. ;' ,n k 01 18 Page 2 of 2 Rockride Lane Subdivision 30.14 acres 2019-6-ANX Date Approved: 1211012019 Exhibit ABC attached J ® 20 �1 I EXHIBIT B LEGAL DESCRIPTION Rockride ROW Tract— 1.182 Acres 6820-00 FIELD NOTES FOR A 1.182 ACRE TRACT OF LAND OUT OF THE WILLIAM ADDISON SURVEY, ABSTRACT NO. 21, WILLIAMSON COUNTY, TEXAS; BEING OUT OF THE EXISTING RIGHT- OF-WAY OF ROCKRIDE LANE, (COUNTY ROAD NO. 110), A VARIABLE WIDTH RIGHT-OF- WAY, AS MONUMENTED, NO DEED REFERENCE FOUND; SAID 1.182 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2-inch iron rod found on the westerly right-of-way line of said Rockride Lane at the northeasterly corner of a called 12.00 acre tract of land described in Document No. 2016050026, Official Public Records of Williamson County, Texas, for the northwesterly corner and POINT OF BEGINNING of the herein described tract; THENCE, N 68-44'11" E, departing said westerly right-of-way line, crossing said right-of-way, a distance of 58.41 feet to a calculated point on the common line of the remaining portion of a 164.66 acre tract of land described in Document No. 1999083673, Official Public Records of Williamson County Texas and the easterly right-of-way line of said Rockride Lane for the northeasterly corner of the herein described tract; THENCE, S 21°15'49" E, coincident with said common line, passing at a distance of 381.02 feet, a 1/2- inch iron rod with a cap stamped "HMEADOR RPLS 1966" found at the common corner of the remainder of said 164.66 acre tract and a 6.479 acre tract of land described in Document No. 2019007168, Official Public Records of Williamson County, Texas and continuing coincident with the common line of said 6.479 acre tract and said easterly right-of-way line a total distance of 430.99 feet to 1/2-inch iron rod with a cap stamped "CCC4835" found at the common corner of the 6.479 acre tract and a 12.892 acre tract of land described in Document No. 2019006311, Official Public Records of Williamson County Texas, for an angle point of the herein described tract; THENCE, S 21-30-18" E, coincident with the common line of said 12.982 acre tract and said easterly right-of-way line, passing at a distance of 300.14 feet 1/2-inch iron rod found at the common corner of the 12.892 acre tract and the remaining portion of a 52.53 acre tract of land described in Document No. 2007084257, Official Public Records of Williamson County, Texas and continuing coincident with the common line said remaining portion of the 52.53 acre tract and said easterly right-of-way line a total distance of 444.88 feet to a calculated point for the southeasterly corner of the herein described tract; THENCE, S 68°29'42" W, departing said common line, recrossing said right-of-way a distance of 60.09 feet to a 1/2-inch iron rod with a cap stamped "BGE fNC" set on the aforementioned westerly right-of- way line of said Rockride Lane at the southeasterly corner of an 18.12 acre tract of land described in Document No. 2014073916, Official Public Records of Williamson County, Texas for the southwesterly corner of the herein described tract; PAGE 1 OF 3 G\TXC\PROIF.0 I S\HKOHN HOMES\6820-00 ROCKRIDE SUKVM04 FINAL SM3\6820-00 ROCKRIDE ROAD ZONING DOCX THENCE, N 21 ° 16'35" W, coincident with the common line of the said 18.12 acre tract and said westerly right-of-way line, passing at a distance of 527.32 feet a 1/2-inch iron rod found at the common corner of the 18.12 acre tract and the aforementioned 12.00 acre tract of land and continuing coincident with the common line of said 12.00 acre tract and said westerly right-of-way line a total distance of 876.12 feet to the POINT OF BEGINNING and containing 1.182 acres of land, more or less. 1 hereby certify that these notes were prepared from a survey made on the ground by employees of BGE, Inc., and are true and correct to the best of my knowledge. Bearing orientation is based on the Texas State Plane Coordinate System, Central Zone, NAD 83. An exhibit plat accompanies this description. This document was prepared under 22 TAC §663.21 and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Dion P. Albertson RPLS No. 4963 BGE, Inc. 7330 San Pedro Ave, Suite 202 San Antonio TX 78216 Telephone: 210-581-3600 TBPLS Licensed Surveying Firm No. 10194490 PAGE 2 OF 3 GATXC\PROJECTS\BROHN HOMEM6820-00 ROCKRIDE SURVEY104 FINAL MMB16820-00 ROCKRIDE ROAD ZONING DOCX OF Q ..: Afd.... N X90A, 4s � per ,, + PubownquV..nulV%iizura\HaVion s\VWN1•?njec1. i •-rt!V\WTP-0(t 1inrkr111r —,14XL;77n��un7u-uu_tic7w_I_x1AW4, -I - SKETCH TO ACCOMPANY SKETCH TO ACCOMPANY LEGAL DESCRIPTION DESCRIPTION LEGEND 5/8" "ALL COUNTY" DOC. DOCUMENT NO. NUMBER O.P.R.W.C. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS REMAINDER OF A CALLED 164.66 ACRES P.O.B. POINT OF BEGINNING JAMES DAVID HONEYCUTT, AND WIFE, P.R.W.C. PLAT RECORDS OF a MARGARET ANN HONEYCUTT WILLIAMSON COUNTY, TEXAS y DOC. NO. 1999083673 O.P.R.W.C. R.O.W. RIGHT-OF-WAY 3. FOUND 1 /2" I. ROD \ �, UNLESS OTHERWISE NOTED SET 1 /2" I. ROD O W/ "BGE INC" CAP Z�s CALCULATED POINT p 2 1.182 ACRES J 51,499 SQUARE FEET PORTION OF ROCKRIDE LANE �V� RIGHT-OF-WAY s fa cP_ V, gGo� 0 R01 CALLED 12.00 ACRES a �Y Lo- „µMEp�aR CALLED 12.892 ACRES SLAKE &TERILYN HENDERSON �' ALDON PROPERTIES, LLC. DOC 2016050026 O.P.R,W.0 rn� �g.91 403!" DOC. NO 2019006311 O,P.R.W.0 CALLED 6.479 ACRES �z ALDON PROPERTIES, LLC. DOC. NO. 2019007168 Cps 0. P. R. W. C. W I �O � O_to y Z:UU Nk1; tldlbel 0 200 CALLED 18.12 ACRES BLAKE & TERILYN HENDERSON DOC #2014073916 O.P.R.W,C. Oct 1 � BEARING BASIS NOTE:. HORIZONTAL DATUM BASED UPON TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, TEXAS CENTRAL ZONE. DISTANCES SHOWN HEREON ARE IN SURFACE USING A COMBINED SCALE FACTOR OF 0.9998697559 LOT 21 N� DRAINAGE/UTILITY/ o OPEN SPACE 1.71 AC �• pal 1 � LINE TABLE NUMBER BEARING DISTANCE L1 L2 N 68'44'11" E S 68-29'42" W 58.41' 60 09' REMAINDER OF A CALLED 52.53 ACRES LINDA BRADY JOHNSON DOC. NO. 2007084257 O.P.R.W.C. CALLED 34.19 ACRES EARL WAYNE BRADY DOC. NO. 2007084256 O.P.R.W.C. — - SCALE: 1 200, BGE, Inc. 51-IEET 101 West Louis Henna Blvd, Suite 400, Austin, TX 78728 �} Tel: 512-879-0400 a www.bgeinc.com TBPLS Licensed Surveying Firm No. 10106502 3 Copyright 2019 1 1 q L A eL W �a 0 r N a � _ � y f �5 W L C 0 a .J LU q y� r W M � M f a. f 0 1 a. N N EXHIBIT LEGAL DESCRIPTION Rockride Tract — 30.13 Acres 6820-00 FIELD NOTES FOR A 30.13 ACRE TRACT OF LAND OUT OF THE WILLIAM ADDISON SURVEY, ABSTRACT NO. 21, WILLIAMSON COUNTY, TEXAS; BEING ALL OF A CALLED 18.12 ACRE TRACT OF LAND AS CONVEYED TO BLAKE HENDERSON AND WIFE, TERILYN HENDERSON BY GENERAL WARRANTY DEED RECORDED IN DOCUMENT #2014073916, AND ALL OF A CALLED 12.00 ACRE TRACT OF LAND AS CONVEYED BLAKE HENDERSON AND TERILYN HENDERSON BY WARRANTY DEED RECORDED IN DOCUMENT #2016050026, BOTH RECORDED IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 30.13 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: , BEGINNING at a 1/2-inch iron rod with cap stamped "BGEINC" set on the westerly right-of-way line of County Road No. 110 (a/k/a Rockride Lane) (width varies, no deed of record found), at the southeasterly corner of said 18.12 acre tract, being the southeast corner of a 200 acre tract of land (historical reference) conveyed to MR, Cody in Volume 48, Page 612 of the Deed Records of Williamson County Texas at the northeast corner of an 85.2 acre tract of land (historical reference) conveyed to J.J. Johnson and wife, Faye Ole Johnson in Volume 359, Page 358 of the Deed Records of Williamson County, Texas, for the southeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE, S 68°53'05" W, coincident with the common line of said 18.12 acre tract and said right-of-way line, passing at a distance of 6.62 feet the northeast comer of the Amending Final Plat of Kasper, Section 1, Subdivision, recorded in Document # 2018094848, Official Public Records of Williamson County, Texas and continuing coincident with the common line of the 18.12 acre tract and said Kasper, Section 1, a total distance of 1,493.36 feet to a 1/2-inch iron rod found at the common corner of the 18.12 acre tract and a called 156.11 acre tract of land conveyed to John Dimmitt Hughes in Volume 276, Page 49, Deed Records, Williamson County Texas, for the southwesterly corner of the herein described tract; THENCE, N 21 °47'46" W coincident with the common line of the 18.12 acre tract and said 156.11 acre tract, a distance of 528.06 feet to a 1/2-inch iron rod found at the common corner of the 18.12 acre tract and the aforementioned 12.00 acre tract of land, an angle point of the herein described tract; THENCE, N 21020'3311 W coincident with the common line of said 12.00 acre tract and the 156.11 acre tract, a distance of 349.27 feet to a 1/2-inch iron rod found at the common corner of the 12.00 acre tract and Lot 1, Kirschman Acres Subdivision, recorded in Cabinet K, Slide 376, Plat Records, Williamson County Texas, the northwest corner of herein described tract; PAGE 1 OF 2 G UWWROJEC-FSMOHN HOMEN6820-00 ROCKRIDE SURVEY\04 FINAI,SWW6920-00 ROC'KRIDE SURVEY-RIN 20190628 DOCX THENCE, N 68°55'47" E coincident with the common line of the 12.00 acre tract, said Lot 1 and Lot 2, said Kirschman Acres Subdivision, passing at a distance of 1,463.56 feet the southeast corner of said Lot 2 and continuing a total distance of 1,498.56 feet to a 1!2-inch iron rod found on the aforementioned west right-of-way line of County Road 110, at the northeast corner of the 12.00 acre, the northeast corner of herein described tract; THENCE, S 21°1635" E coincident with the common line of the 12.00 acre tract, the aforementioned 18.12 acre tract and said right-of-way line, a distance of 876.12 feet to the POINT OF BEGINNING and containing 30.13 acres of land, more or less. I hereby certify that this description was prepared by a survey made on the ground by employees BGE, Inc. on May 16, 2019. A survey plat (Project No. 6820-00) was prepared in conjunction with this metes and bounds description. Bearing orientation is based on the Texas State Plane Coordinate System, Central Zone, NAD 83. Flt7 Dion P. Albertson RPLS No. 4963 BGE, Inc. 7330 San Pedro Ave, Suite 202 San Antonio TX 78216 OF is FSJIVl, In n Telephone: 210-581-3600 TBPLS Licensed Surveying Firm No. 10194490 PAGE 2OF2 G:\TXCTROJECTS\BROUN IIOMES\6820.00 ROCKRIDE SURVEY\04 FINALS\MB\6820.00 ROCKRIDE SURVEY -REV 20190628 DOCX mill yk: ;j €gs ! t 1 } fit_ 'ft H, §1.1 ' � s ' FU uroa 6 r i Zo b IE� 3 r � - � ■a 9 0 i 3 g � b 5 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND BLAKE AND TERILYN HENDERSON This Municipal Services Agreement ("Agreement") is entered into on QJ_ day of 2019 by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and Blake Henderson and Terilyn Henderson, husband and wife (together, "Owner"). RECTTAi S 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 2406 and 2488 Rockride Lane, Georgetown, Texas 78626, which consists of approximately 30.13 acres of land, and 1.182 acres consisting of a portion of Rockride Lane a Right -Of -Way of varying width of record described to Williamson County, TX in the City's extraterritorial jurisdiction, and of 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. 2019-6-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, 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 sci-vices" includes having services provided by any method or means by which the City inay 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. Tire Protection and Emergency 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. Plannina 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 Stonnwater Permit services in the annexed. iv. Parks and Recreational Facilities — Residents of the Property will be permitted to utilize ali existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swinnAng 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 Cr7—1,A&wS any other parks, A. acilrtr�S, or iiiii.idiitg5 necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. V. Other Publicly Owned 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. Storrnwater Util iiv Sgvices — The Proper , 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 (W0926059.2 } Owner -Initialed Annexation Service Agreement 2 C. 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. 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, tern, 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. 8. 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 parry's right to insist upon appropriate performance or to assert any such right on any future occasion. iw0926059.2} Owner -Initiated Annexation Service Agreement 4 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers 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 d',L (S.. By: Dale Ross Mayor Approved as t Charlie McNabb City Attorney { W0926059.2 ) Owner -Initiated Annexation Service Agrecment BLAKE AND TERILYN HENDERSON By:� r - Blake Henderson >3y: l Terilyn 14enderson Robyn Densmore City Secretary { W0926059.2} Owncr-Initialed Annexation Service A_reemenl State of Texas § County of Williamson § This instrument was acknowledged before me on the May of 0t(V W , 201�, by Dale Ross, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of said corporation. KAREN E FROST NOTARY PU9L"TATE OF TEXAS COMM. EXP. 05-24-2020 NOTARY ID 10136118-4 State of Texas § County of 1.0 1 i ay,\50n § ,, _1" _ —I dt Notary Public, State of Texas This instrument was acknowledged before me on the 1 day of GCS Ic�Y , 20 ) 9 by Blake Henderson. State of Texas § County of Ck § Notary Public, State of Texas ESTER URIBE RENDON My Notary ID # 7036897 'F � Expires June 30, 2023 This instrument was acknowledged before me on the I day of CX,-Q ,e,Y , 20 1:1 by Terilyn Henderson. After Recording Return to { W 0926059.2 } Owner -Initiated Annexation Service Agreement 6 Notary Public, State of Texas ti ESTER URIBE RENDON My Notary ID # 7036897 Explres June 30, 2023 rr.tiir�Fw;�,�