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HomeMy WebLinkAboutORD 2020-49 - ANX Chapel Hill PUDOrdinance No.d% T 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 and initial zoning designation of Planned Unit Development (PUD) with a base district of Local Commercial (C-1) and High Density Multi -Family (MF-2) for certain territory consisting of 36.035 acres, more or less, in the Francis A. Hudson Survey, Abstract No. 295 and the John Powell Survey, Abstract No. 491, as described herein; and amending part of the Official Zoning Map to rezone 18.105 acres out of the Francis A. Hudson Survey, Abstract No. 295, John Powell Survey, Abstract No. 491, J.S. Patterson Survey, Abstract No. 502, and the E. Evans Survey, Abstract No. 212 from Residential Single -Family (RS) to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) and High Density Multi -Family (MF-2); repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the approximately 36.035 acres of land described in Exhibit "A" (the "Annexed Property") lies within the extraterritorial jurisdiction of the City of Georgetown, Texas (the "City"); and Whereas, approximately 18.105 acres of land, being the 54.14 acres of land described in Exhibit "B" (the "Property") save and except the Annexed Property, lies within the city limits and is zoned RS (the "RS Property"); and Whereas, the owners of the Property have requested annexation of the Annexed Property by the City, pursuant to Local Government Code Section 43.0671; and Whereas, the Georgetown City Council approved a Municipal Services Agreement for the Annexed Property on February 25, 2020; 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, public notice of the hearing required by Section 4.03.010 of the UDC was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Annexed Property, and mailed notice to nearby property owners; and Whereas, the owners of the Property have also submitted an application to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification for the RS Property; and Ordinance No. 20m 4q Page 1 of 3 Chapel Hill PUD — Annexation of 36.035 acres 2020-1-ANX Date Approved: June 23, 2020 Exhibits A, B, C, D attached Whereas, public notice of such hearing for the Zoning Map Amendment was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the RS Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on June 2, 2020, held the required public hearings and submitted a recommendation of approval to the City Council for both the requested initial zoning designation of the Annexed Property and the requested Zoning Map Amendment of the RS Property; 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 36.035 acres, more or less, in the Francis A. Hudson Survey, Abstract No. 295 and the John Powell Survey, Abstract No. 491, as shown and described in Exhibit "A" of this ordinance (the "Annexed Property"). The Annexed Property is hereby included in City Council District 1, as it is adjacent to Council District 1 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 Planned Unit Development (PUD) with a base district of Local Commercial (C-1) and High Density Multi -Family (MF-2) is appropriate for the Annexed Property and consistent with the City's Comprehensive Plan, and upon annexation the Annexed Property shall have a zoning of Planned Unit Development (PUD) with a base district of Local Commercial (C-1) and High Density Multi -Family (MF-2) in accordance with the Development Plan attached as Exhibit "D" to this ordinance. The City's Official Zoning Map shall be amended accordingly. Section 4. Upon annexation of the Annexed Property, the City shall provide to the Annexed 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 Annexed Property not listed in the Agreement. Ordinance No. Page 2 of 3 Chapel Hill PUD — Annexation of 36.035 acres 2020-1-ANX Date Approved: June 23, 2020 Exhibits A, B, C, D attached Section 5. In accordance with the Zoning Map Amendment procedures of Section 3.06 of the UDC, and for the reasons set forth by City Staff, the Official Zoning Map, as well as the Zoning District classification for the RS Property is hereby amended to the Planned Unit Development (PUD) zoning district with a base of Local Commercial (C-1) and High Density Multi -Family (MF- 2), in accordance with the Development Plan attached as Exhibit "D" to this ordinance. The City's Official Zoning Map shall be amended accordingly. Section 6. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 7. 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 8. 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 9t" day of June 2020. Passed and Approved on Second Reading on the 23,d day of June 2020. The City of Georgetown: Dale Ross Mayor Approved as to form: S�� NY1�iS3oh City Attorney Ordinance No. iV zo ' Chapel Hill PUD —Annexation of 36.035 acres Date Approved: June 23, 2020 Attest: City Secretary Page 3 of 3 2020-1-ANX Exhibits A, B, C, D attached EXHIBIT "A" County: Williamson Page 1 of 3 Project: Barton Chapel Hill Annexation May 31, 2018 Halff AVO: 33984.001 BEING A DESCRIPTION OF 36.035 ACRES OF LAND, SITUATED IN THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO. 295, AND THE JOHN POWELL SURVEY, ABSTRACT NO.491, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THOSE CERTAIN TRACTS DESCRIBED AS TRACT I CONTAINING 12.40 ACRES AND TRACT II CONTAINING 3.74 ACRES IN A TRUSTEE'S SPECIAL WARRANTY DEED TO CHILDREN AT HEART FOUNDATION, OF RECORD IN DOCUMENT NO. 203.7006685, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND A PORTION OF THE REMAINDER OF THAT CERTAIN 55.41 ACRE TRACT DESCRIBED IN AN EXECUTOR'S SPECIAL WARRANTY DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ, CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD DOCUMENT NO. 2017004719, O.P.R.W.C.T.; SAID 36.035 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an angle point in the easterly line of said 55.41 acre tract, same being in the westerly line of that certain 59.56 acre tract described in a General Warranty Deed to Celebration Church, of record in Document No. 2005003124, O.P.R.W.C.T., same being an angle point in the irregular southerly line of that certain 98.22 acres annexed into the City of Georgetown, Texas by Ordinance No. 2014-32; THENCE, with the easterly line of said 55.41 acre tract, same being the westerly line of said 59.56 acre tract, with said City of Georgetown City Limits Line, S21°38'30"E, a distance of 635.00 feet (Called S21°38'30"E) to a point in the existing City Limits Line of Georgetown, Texas as annexed by Ordinance No. 86-54, same being a line 500 foot north of and normal to the old northerly right-of-way line of Westinghouse Road, for the southeasterly corner of the tract described herein; THENCE, with the southerly line of the tract described herein, with the said existing City Limits Line of Georgetown, Texas, over and across said 55.41 acre tract, the following seven (7) courses and distances: 1. S68°23'00"W, a distance of 138.48 feet (Called S68°23'W) to a point; 2. S69°00'00"W, over and across said Children at Heart Foundation Tracts 1 & 3, a total distance of 732.10 feet (Called S69'00'W) to a point; 3. S58°29'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 46.96 feet (Called S58°29'30"W) to a point; 4. S64°40'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 5.07 feet (Called S64°40'30"W) to a point; 5. S68°05'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 58.24 feet (Called S68°05'30"W) to a point; 6. S69°27'00"W, continuing over and across said Children at Heart Foundation Tract 3, and over and across said 55.41 acre remainder tract, a distance of 103.95 feet (Called S69°27'W) to a point; and 7. S68°55'04"W, continuing over and across said 55.41 acre remainder tract, a distance of 660.67 feet (Called S68'55'W) to a point in the westerly line of said 55.41 acre tract, same being in the easterly line of that certain called 5.2410 acre tract described in a Special Warranty Deed to Group 1 Realty, Inc., of record in Document No. 2016043868, O.P.R.W.C.T. for the southwesterly corner of the tract described herein, same also being the southeasterly corner of that certain 6.14 acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-24; EXHIBIT "A" County: Williamson Project: Barton Chapel Hill Annexation Halff AVO: 33984.001 Page 2 of 3 May 31, 2018 THENCE, with the westerly line of said 55.41 acre tract, and the westerly line of the tract described herein, same being the City Limits Line, the following five (5) courses and distances: 1. N21"05'00"W, a distance of 77.28 feet (Called N21"05'W) to a point for the southeasterly corner of Lot 1, Mercedes Benz of Georgetown, a subdivision of record in Document No. 2013078846, Plat Records of Williamson County, Texas (P.R.W.C.T.); 2. N21°24'30"W, with said City Limits Line, a distance of 256.69 feet (Called N21"21'30"W, a distance of 256.69 feet) to a point; 3. N66°24'00"E, with said City Limits Line, a distance of 63.15 feet (Called N66"24'E, a distance of 63.15 feet) to a point; 4. N22°05'30"W, with said City Limits Line, passing the southeasterly corner of that certain 4.503 acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-23, same being the southeasterly corner of Lot 1, Mac Haik Ford Truck Subdivision, a subdivision of record in Document No. 2013074700, P.R.W.C.T., a total distance of 425.85 feet (Called N22°05'30"W, a distance of 425.85 feet) to a point; and S. N22°07'30"W, with said City Limits Line, a distance of 193.22 feet (Called N22"07'30"W, a distance of 193.22 feet) to a point for the northwesterly corner of said 55.41 acre tract and the northwesterly corner of the tract described herein, same being the southwesterly corner of that certain 49.86 acre tract described in a General Warranty Deed to Celebration Church, of record in Document No. 2005003122 & Document No. 2005003123, O.P.R.W.C.T. and being the southwesterly corner of said 98.22 acre annexation tract; THENCE, with the northerly line of said 55.41 acre tract, the northerly line of the tract described herein, with the southerly line of said 49.86 acre tract, and the southerly line of said 98.22 acre annexation tract, N68'21'30"E, a distance of 1487.07 feet (Called N68"21'30"E, a distance of 1487.08 feet) to a point for the northeasterly corner of said 55.41 acre tract and the northeasterly corner of the tract described herein, same being the southeasterly corner of said 49.86 acre tract and being in the westerly line of said 59.56 acre Celebration Church tract; THENCE, with the easterly line of said 55.41 acre tract, same being the easterly line of the tract described herein, same also being the irregular southerly line of said 98.22 acre annexation tract, and the westerly line of said 59.56 acre tract, the following two (2) courses and distances: 1. S21°14'06"E, a distance of 328.23 feet (Called S21"14'06"E, a distance of 328.23 feet) to a point; and N68°21'30"E, a distance of 200.00 feet (Called N68"21'30"E, a distance of 200.00 feet) to the POINT OF BEGINNING and containing 36.035 acres of land, more or less, within these metes and bounds. EXHIBIT "A" County: Williamson Page 3 of 3 Project: Barton Chapel Hill Annexation May 31, 2018 Halff AVID: 33984.001 Basis of bearings is the 55.41 acre tract described in said Document No. 2017004719, O.P.R.W.C.T. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, 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. There is an exhibit to accompany this description. Prepared by: Coleen M. Johnso .P.L.S. Registered Profes 'o al Land Surveyor Texas Registration No. 4871 Halff Associates, Inc., TBPLS Firm No. 10029607 9500 Amberglen Blvd., Bldg. F, Suite 125 Austin, Texas 78729 512-777-4600 Ca►Si E9�+:�d' I MARIE JOH�NS:ON ....4......... 4871 SUF p$ Date 7 mn " e r r W N General Warranty Deed to Celebration Church Called 49.86 Acres Doc. No, 2005003122 & Doc No. 2005003123 O,P.R.W.C.T. L14 •Executor's Special WWraely Dip amFon Deed to Terri Leanne Wisian end Nelry Card Rodrlgaey, Co^ Traelees of the Cor, ie Ann Barton Smith Separate Prbpnrty Rernee to Trust Remainder of Called 55,41 Acres Doo, No, 2017004719 O.P.R,WCT Lie 36.035 ACRES Poor of eEWInrM riI Ls L7 LIS LW L2 u O U rc 3 v o 0, Trustee's Special Warranty Deed to Children at Heart Foundation . C Called Troct 1 — 12 40 Acres oG� Doc. No. 2017006685 O.P.R.W,C.T. gag a v .pp � a°1i i o orc> D-6 to Wlliomson c.nly, Texas Doc No 20071OD116 O.P.R KC T BASIS OF BEARINGS IS THE 55.41 ACRE TRACT DESCRIBED IN EXECUTOR'S SPECIAL WARRANTY DISTRIBUTION DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST OF RECORD IN DOCUMENT NO, 2017004719, O.P.R.W.C.T. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, 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. THERE IS A DESCRIPTION TO ACCOMPANY THIS EXHIBIT. ANNEXATION EXHIBIT MEN 0 0 a H ALF Fs OF 36,035 ACRES OUT OF THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO. 295, WILLIAMSON COUNTY, TEXAS, mom BEING A PORTION OF TRACTS 1 & 3 DESCRIBED IN A TRUSTEE'S SPECIAL WARRANTY DISTRIBUTION DEED TO 9500 AMBERGLEN BLVD., BLDG F, SUITE 125 AUSTIN, TEXAS TB]29 CHILDREN AT HEART FOUNDATION, OF RECORD IN DOCUMENT NO. 2017006685, O,P.R.W,C.T. AND A PORTION OF THE REMAINDER OF A 55.41 ACRE TRACT DESCRIBED IN AN EXEUCTOR'S SPECIAL WARRANTY DISTRIBUTION TEL(512)m-46M DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TREES OF THE CARRIE ANN BARTON FAX (512)252-B141 TBPLS FIRM NO 10ON607 SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD IN DOCUMENT NO. 2017004719, O.P. 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TM"•'�1 ..•a--u•° fw.vs cs z1•u is a IY_rL•v rrt9+:•R"RzRa,��mS7>e�Y z pp LO ^�` L\ � 0 7 X Z - LO a • l�{ �CQj w J1J�� rO O Q 0` WQ E-, Al 1 Lf) p > co ~ O OC\j CL Q q O Czl p„a� _ e,osy� a >o�ozIQ N C) X E,� N ;a GSo LLzoVr;a W CO WLU LU " all all m u 48 23 �a a 'd i a C' U �! I q• rmow.Ina '�"' '* LINE r11 vai.�l zulk [.Le[ Qwv �x F 5 z J 17, g a Oa z�. 3$�cp� W i> I� O D - » J[; In I w N 3 FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 1 BEING 12.40 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson Survey, Abstract No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc. 2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING at an iron pin which was set for the Southeast corner of this tract and the lower Southwest corner of an 11.05 acre Tract 2 which was surveyed this date. This corner exists in the North line of County Road I I I (Westinghouse Road) as widened. An iron pin which was found in the East line of the said 55.41 acre Smith tract and in the lower West line of the 59.56 acre property that was conveyed to Celebration Church as described in Doc. 2005003124 (ORWCT); at the Northeast corner of the 1.278 acre road widening strip which was conveyed to Williamson County (Doc. 2007100116, ORWCT) stands (L1) N 690 56'01" E 124.13 feet. From the said Northeast corner of the 1.278 acre tract the Southeast corner of the said 55.41 acre Smith tract and the Southeast corner of the said 1.278 acre County parcel stands S 21 °27'38" E 37.15 feet according to record information. THENCE with the North line of County Road 111, S 69°56'01" W 787.28 feet to an iron pin which was set at the Southeast corner of Tract 3 of 3.74 acres as described this date. THENCE with the East boundary of the said Tract 3, setting'/2 inch iron pins at fence corners as follows; N 08°00'36" W 456.93 feet ; and (L15) S 87'12'20" W 53.52 feet ; continuing along unfenced lines setting iron pins as follows; (L14) N 04'17'34" W 128.94 feet (North of Northeast corner of shed); (L13) N 08034'52" W passing West of a shed and crossing a fence, continuing in all 78.26 feet ; (L12) N 84'18'21" E 95.85 feet; rejoining the existing fence line and setting iron pins at fence corners, (L11) N 05°59'58" E 97.50 feet; and (L10) N 18'19'23" W 68.18 feet to the upper Southwest corner of the said Tract 2 of 11.05 acres. THENCE with the upper South boundary of the said Tract 2, S 69'59' 16" E 506.73 feet to an iron pin which was set. THENCE with the lower West boundary of the said Tract 2, S 23°29'33" E 797.21 feet to the POINT OF BEGINNING. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1ST day of Feb. of2011, A.D. File: Word: SMITHSCHOOLI.DOC �-►�� WM . F . FOREST JR . REGISTERED PROFESSIONAL, LAND SURVEYOR NO. 1847 FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 2 BEING 11.05 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson Survey, Abstract No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc. 2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING at an iron pin which was found at the most Northerly Northeast fence corner of the said 55.41 acre tract, in the upper West line of the 59.56 acre property that was conveyed to Celebration Church as described in Doc. 2005003124 (ORWCT) and at the Southeast corner of the 49.86 acre property that was conveyed to Celebration Church as described in Doc. 2005003123 (ORWCT). THENCE with the common boundary of the property of Carrie Ann Barton Smith and Celebration Church (59.56 ac. Doc. 2005003124 ORWCT); S 19°39'30" E 328.56 feet to an iron pin which was found at a fence corner; N 69°56'01" E 200.00 feet to an iron pin which was set at a fence corner; and with a line that departs the existing fence, S 20°03'51" E 1098.13 feet to an iron pin which was found in the North line of County Road I I I (Westinghouse Road). THENCE with the North line of County Road 111, and the North line of the 1.278 acre road widening strip which was conveyed to Williamson County (Doc. 2007100116, ORWCT), (L1) S 69° 56'01" W 124.13 feet to an iron pin which was set. THENCE with the boundary of a 12.40 acre Tract 1 which was described this date, N 23°29'33" W 797.21 feet to an iron pin which was set and S 69°59' 16" W 506.73 feet to an iron pin which was set at a corner in the fenced East line of a 3.74 acre Tract 3 which was described this date. THENCE with the East line of the said 3.74 acre tract, along or near the existing fence, N 20°51'20" W 136.58 feet to an iron pin which was set at a corner in the East line of a 26.96 acre Tract 4 which was described this date; continuing along or near the general line of the fence and the East line of Tract 4, N 20° 01'54" W 493.65 feet to an iron pin which was set in the North line of the said 55.41 acre tract of Carrie Smith. THENCE with the North line of the said 55.41 acre Smith tract and the South line of the said 49.86 acre property of Celebration Church (Doc. 2005003123, ORWCT), N 69054'39" E 482.46 feet to the POINT OF BEGINNING. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31sT day of January of 2011, A.D. File: Word: SMITHSCHOOL2.DOC 2L- -�f 1 WM.F. FOREST JR. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847 - cis FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 3 BEING 3.74 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson Survey, Abstract No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc. 2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING at an iron pin which was set for the Northeast corner of this tract, for the upper Southeast corner of a 26.96 acre Tract 4 which was described this date, and in the upper West boundary of an 11.05 acre Tract 2 which was surveyed this date. An iron pin which was found at the most Northerly Northeast fence corner of the said 55.41 acre tract, in the upper West line of the 59.56 acre property that was conveyed to Celebration Church as described in Doc. 2005003124 (ORWCT), and at the Southeast corner of the 49.86 acre property that was conveyed to Celebration Church as described in Doc. 2005003123 (ORWCT), stands N 20'01'54" W 493.65 feet and N 69°54'39" E 482.46 feet. THENCE with the upper West boundary of the said Tract 2 of 11.05 acres, along the general line of the existing fence, S 20°51'20" E 136.58 feet to an iron pin which was set for the upper Southwest corner of Tract 2 and for the Northwest corner of Tract 1 of 12.40 acres. THENCE following the West boundary of said Tract 1 setting iron pins at fence corners as follows; (L 10) S 18' 19'23" E 68.18 feet; and (L11) S 05°59'58" W 97.50 feet; continuing with lines that are unfenced, (1,12) S 84'18' 21" W 95.85 feet; (L13) S 08°34'52" E crossing a fence and passing West of a shed, in all 78.26 feet to an iron pin which was set on the North side of a shed at its Northeast corner, (1,14) S 04°17'34" E 128.94 feet to an iron pin which was set at a fence corner; rejoining the fenced boundary, (L15) N 87°12'20" E 53.52 feet to an iron pin which was set at a fence corner; and S 08°00'36" E 456.93 feet to an iron pin which was set in the fenced North line of County Road I I I (Westinghouse Road) as widened. THENCE with the North line of County Road 111, as widened, following the North line of the 1.278 acre parcel which was conveyed to Williamson County (Doc. 2007100116, ORWCT), (L2) S 69°56'01" W 33.05 feet to an iron pin which was set at the lower Southeast corner of the said 26.96 acre Tract 4. THENCE with the East boundary of the said Tract 4, setting %z inch iron pins at fence corners as follows; N 08' 42'03" W 304.10 feet; and (L6) N 31000'23" W 13.36 feet; N 55°28'08" W 353.61 feet; and N 11017'17" E 48.72 feet; continuing with the East line of Tract 4 along an unfenced boundary, N 02°26'03" E 383.98 feet to an iron pin which was set in an existing fence line. THENCE with the boundary of Tract 4, setting iron pins in the fence, as follows; (L7) S 80°32' 10" E 63.59 feet; (L8) N 88°25'27" E 23.38 feet; (L9) N 85°14'57" E 36.75 feet; and N 76°46'05" E 127.08 feet to the POINT OF BEGINNING. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1 day of Feb. of 2011, A.D. File: Word: smith homesite 3.DOC �I h./ .N........................ WM.F. FOREST JR. ....... LAND SURVEYOR NO. 1847 REGISTERED PROFESSIONAL �. . FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 4 BEING 26.96 acres in Williamson County, Texas; situated in the Francis A. Hudson Survey, Abstract # 295, and in the J.S. Patterson Survey, Abstract 4502; and potentially including small portions of the John Powell Survey, Abstract # 491, and the E. Evans Survey, Abstract # 212. This tract is a part of the 55.41 acre property which was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc. 2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING at an iron pin which was found at the Northwest fence corner of the said 55.41 acre tract and at the Southwest corner of the 49.86 acre property that was conveyed to Celebration Church as described in Doc. 2005003123 (ORWCT). This corner exists in the East boundary of the property of the W.D. Kelley Foundation (Ex. D. 82.8658 ac. Doc. 2002001129 ORWCT). THENCE with the South boundary of the said 49.86 acre property of Celebration Church, and the North boundary of the said 55.41 acre Smith property, along or near the general line of an existing fence, N 69054'39" E 1005.18 feet to an iron pin which was set at the Northeast corner of this tract and the Northwest corner of Tract 2 of 11.05 ac. as surveyed this date. THENCE following the West boundary of said Tract 1, along or near the general line of an existing fence, S 200 01'54" E 493.65 feet to an iron pin which was set for the Northeast corner of a 3.74 acre Tract 3 which was surveyed this date. THENCE with the boundary of the said 3.74 acre Tract 3, setting iron pins at bends in the fence, as follows; S 76°46'05" W 127.08 feet; (L9) S 85014'57" W 36.75 feet; (L8) S 88°25'27" W 23.38 feet; and (L7) N 80°32' 10" W 63.59 feet to an iron pin set. THENCE continuing with the West boundary of the said Tract 3, along an unfenced boundary; S 02° 26'03" W 383.98 feet to an iron pin which was set at a fence corner, joining the general line of the existing fence, setting iron pins at bends in the fence as follows; S 11°17' 17" W 48.72 feet; S 55°28'08" E 353.61 feet; (L6) S 31°00'23" E 13.36 feet; and S 08° 42'03" E 304.10 feet to an iron pin which was set in the fenced North line of County Road I I I (Westinghouse Road) as widened. THENCE with the North line of County Road 111, as widened, following the North line of the 1.278 acre parcel which was conveyed to Williamson County (Doc. 2007100116, ORWCT), S 69056'01" W 702.89 feet to an iron pin which was set in the lower West boundary of the Smith property. This corner exists in the East boundary of the 0.696 acre property that was conveyed to the City of Round Rock (First Tract 547/122). THENCE with the boundary of the property of the City of Round Rock, finding iron pins at chain link fence comers as follows; N 20°03'55" W 268.72 feet; and (L4) S 71'20'14" W 99.33 feet. THENCE with the East boundary of the 82.8658 ac. property as described in Exhibit D which is of record in a deed to the W.D. Kelley Foundation (Doc. 2002001129, ORWCT, 82.8658 ac., less exceptions), finding iron pins at fence corners as follows; N 19°30'45" W 277.35 feet; N 19°50'26" W 256.84 feet; (L5) N 68002'49" E 63.30 feet; N 2091'41" W 425.83 feet; and N 20041'53" W 193.08 feet to the POINT OF BEGINNING. DESCRIPTION FOR CARRIE ANN BARTON SMITH (TRACT 4) PAGE 2 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON : I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1ST day of Feb. of 2011, A.D. File: Word: smith reserve 4.DOC ............................ r �• I 'Ail I/,I/ F. FOREST JR............................:.... REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847 ; Exhibit "C" MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND AMFP IV CHAPEL HILL LLC, MLL HORIZON INVESTMENTS LCC AND BILL NATIONS, and CARRIE ANN BARTON SEPARATE PROPERTY REVOCABLE TRUST This Municipal Services Agreement ("Agreement") is entered into on the _25f,-- day of . 2020 by and between the City of Georgetown, Texas, a home -rule municipality, f the State of Texas ("City") and AMFP IV Chapel Hill LLC, MLL Horizon Investments LLC and Bill Nations, and Carrie Ann Barton Separate Property Revocable Trust (collectively, "Owner"). . ,A 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 401 Westinghouse Road, which consists of approximately 36.035 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. 2020-1-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 Owner -Initiated Annexation Service Agreement of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 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 and Emergency Medical Services — The City of Georgetown Fire Department will provide response services in the annexed area consisting o£ 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. Planning 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 area. 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 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. Libra — Upon annexation, library privileges will be available to anyone residing in the annexed area. Owner -Initiated Annexation Service Agreement 2 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 will cover the direct and indirect costs of stormwater management services. viii. 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. ix. Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utili — The 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. Code Compliance -- 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 Owner -Initiated Annexation Service Agreement 3 improvements schedule, and applicable law and at rates established by City ordinances for such services. 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, tern, 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, tern 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 Owner -Initiated Annexation Service Agreement 4 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 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. Owner -Initiated Annexation Service Agreement 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: <1 Dale Ross Mayor Approved as jo Form: Charlie McNabb City Attorney Attest: Robyn De smore. TRMC City Secretary State of Texas § County of Williamson § This instrument was acknowledged before me on the ��� day o - , 2020, by Dale Ross, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of said corporation. j] , Notary Public, State of Texas �.i'7•'�Fz_ LINDA RUTH WHITE My Notary ID # 124936123 Expires May 24, 2020 _ J Owner -Initiated Annexation Service Agreement AMFP IV CHAPEL HILL LLC, A TEXAS LIMITED LIABILITY COMPANY By: Name: Benjamin Friedman Title: President State of § § County of'JI-tidvjajo § This instrument was acknowledged before me on thedav of . 2020, by J- cif AMFP IV HAP)~ L LLC a Texas limited liability company on behalf ofsaid limited liability company. By: [SEAL] Notary 1'ui?lic ate of t �� ,4tChAE: A poDEKMAi` F VOTARY PU"UC-STATE OF NEW �U No. 01 A161889'77 Qualified In Ne'^' �OLx County Owner -Initiated Annexation Service Agreement MLL HORIZON INVESTMENTS, L.L.C., a Texas limited liabili company By: le: r;tle: STATE OF TEXAS COUNTY OF WILLIAMSON 11 This instrument was acknowledged before me on the day of 2020. by._.� RAI iIG -A A 14, lA& I�AgAAX K of MIJ(9 HORIZON INVESTMENTS. L.L.C., a Texas limited liability company, of behalf of said limited liability company. DEBRA K. HERNANDEZ fir` Notary Public, State of Texes _ y''L Comm. Expires 12-10-2021 Notary Public Signature r� T,.f7F i41`y� Notary ID 11062057 r BILL NATIONS STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the U day of cl a AW 2020, by Bill Nations. a �11'_N DEBRA K. HERNANDEZ - 'Notary Public, State of Texas ,si'�.•` Comm. Expires 12-10-2021 Notary I62057 Owner -Initiated Annexation Service Agreement :kA&"A&W Notary Public Signature CARRIE ANN BARTON SEPARATE PROPERTY REVOCABLE TRUST, a Texas revocable trust t r ■ Title: rip — ij . CARRIE ANN BARTON SEPARATE PROPERTY REVOCABLE TRUST, a Texas revocable trust Name: ,r Co-rb cr4 u-eZ Title: C - STATE OF TEXAS COUNTY OF WILLIAMSON This i strument was acknowledged before me on the y of 2020, by and 1✓L of tic CA RI ANN BARTON SEPARATE PROPERTY REVOCABLE TRUST, a Texas revocable trust, of behalf of said trust. (seal) DEBRA K. HERNANDEZ Notary Public, State of Texos Comm. Expires 12-1 o-2021 p!�s;;�``�� Notary ID 11062057 Owner -Initiated Annexation Service Agreement Notary Publ%ignature EXHIBIT A EXHIBIT "A" County: Williamson Page 1 of 3 Project: Barton Chapel Hill Annexation May 31, 2018 Halff AVO: 33994.001 BEING A DESCRIPTION OF 36.035 ACRES OF LAND, SITUATED IN THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO.295, AND THE JOHN POWELL SURVEY, ABSTRACT NO.491, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THOSE CERTAIN TRACTS DESCRIBED AS TRACT I CONTAINING 12.40 ACRES AND TRACT If CONTAINING 3.74 ACRES IN A TRUSTEE'S SPECIAL WARRANTY DEED TO CHILDREN AT HEART FOUNDATION, OF RECORD IN DOCUMENT NO.2027006685, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND A PORTION OF THE REMAINDER OF THAT CERTAIN 55.41 ACRE TRACT DESCRIBED IN AN EXECUTOR'S SPECIAL WARRANTY DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ, CO -TRUSTEES OFTHE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD DOCUMENT NO. 2017004719, O.P.R.W.C,T.; SAID 36.035 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an angle point in the easterly line of said 55.41 acre tract, same being in the westerly line of that certain 59.56 acre tract described in a General Warranty Deed to Celebration Church, of record In Document No. 2D05003124, O.P.R.W.C.T., same being an angle point in the irregular southerly line of that certain 98.22 acres annexed into the City of Georgetown, Texas by Ordinance No. 2014-32; THENCE, with the easterly line of said 55.41 acre tract, same being the westerly fine of said 59.56 acre tract, with said City of Georgetown City Limits Line, 521'38'30"E, a distance of 635.00 feet (Called S21'38'30"E) to a point in the existing City Limits Line of Georgetown, Texas as annexed by Ordinance No. 86-54, same being a line 500 foot north of and normal to the old northerly right -of --way line of Westinghouse Road, for the southeasterly comer of the tract described herein; THENCE, with the southerly line of the tract described herein, with the said existing City Limits Line of Georgetown, Texas, over and across said 55.41 acre tract, the following seven (7) courses and distances: 1. 568'23'00"W, a distance of 13BA8 feet (Called S68123'W) to a point; 2. S69"00'00"W, over and across said Children at Heart Foundation Tracts 1 & 3, a total distance of 732.10 feet (Called S69"00'W) to a point; 3. S58'29'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 46.96 feet (Called S58'29'30"W) to a point; 4. S64'40'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 5.07 feet (Celled S64.40'30"W) to a point; 5. 568"05'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of 58.24 feet (Called S68'05'30"W) to a point; 6. S69'27'00"W, continuing over and across said Children at Heart Foundation Tract 3, and over and across said 55A1 acre remainder tract, a distance of 103.95 feet (Called S69'27'W) to a point; and 7. S68'55'04"W, continuing over and across said 55.41 acre remainder tract, a distance of 660.67 feet (Called 568'55'W) to a point in the westerly line of said 55.41 acre tract, same being In the easterly line of that certain called 5.2420 acre tract described in a Special Warranty Deed to Group 1 Realty, Inc., of record in Document No. 2016043868, O.P.R.W.C.T. for the southwesterly corner of the tract described herein, same also being the southeasterly comer of that certain 6.14 acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013.24; Owner -Initiated Annexation Service Agreement 10 EXHIBIT "A" County: Williamson Page 2 of 3 Project: Barton Chapel Hill Annexation May 31, 2018 Halff AVO: 33984.001 THENCE, with the westerly line of said 55.41 acre tract, and the westerly line of the tract described herein, same being the City Limits Line, the following five (5) courses and distances: 1. N21'DS'00"W, a distance of 77.28 feet (Called N21'05'W) to a point for the southeasterly corner of Lot 1, Mercedes Bent of Georgetown, a subdivision of record in Document No. 2013078846, Plat Records of Williamson County, Texas (P.R.W.C.T.); 2. N21'24'30"W, with said City Limits Line, a distance of 256.69 feet (Called N21'21'30"W, a distance of 256.69 feet) to a point; 3. N66'24'00"E, with said City Limits Line, a distance of 63.15 feet (Called N66'24'E, a distance of 63.15 feet) to a point; 4. N22'D5'30"W, with said City Limits Line, passing the southeasterly corner of that certain 4.503 acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-23, same being the southeasterly corner of Lot 1, Mac Haik Ford Truck Subdivision, a subdivision of record in Document No. 2013074700, P.R.W.C.T., a total distance of 425.85 feet (Called N22'05'30"W, a distance of 425.85 feet) to a point; and 5. N22'07'30"W, with said City Limits Line, a distance of 193.22 feet (Called N22'07'30"W, a distance of 193.22 feet) to a point for the northwesterly corner of said 55.41 acre tract and the northwesterly corner of the tract described herein, same being the southwesterly corner of that certain 49.86 acre tract described in a General Warranty Deed to Celebration Church, of record in Document No. 2005003122 & Document No. 2005003123, O.P.R.W.C.T, and being the southwesterly corner of said 98.22 acre annexation tract; THENCE, with the northerly line of said 55.41 acre tract, the northerly line of the tract described herein, with the southerly line of said 49.86 acre tract, and the southerly line of said 98.22 acre annexation tract, N68'21'30"E, a distance of 1487.07 feet (Called N68'21'30"E, a distance of 1487.OB feet) to a point for the northeasterly corner of said 55.41 acre tract and the northeasterly comer of the tract described herein, same being the southeasterly corner of said 49.86 acre tract and being in the westerly line of said 59.56 acre Celebration Church tract; THENCE, with the easterly line of said SSA1 acre tract, same being the easterly line of the tract described herein, same also being the irregular southerly line of said 98.22 acre annexation tract, and the westerly line of said 59.56 acre tract, the following two (2) courses and distances: 1. S21'14'06"E, a distance of 328.23 feet (Called S21'14'06"E, a distance of 328.23 feet) to a point, and 2. N68'21'30"E, a distance of 200.00 feet (Called N68'21'30"E, a distance of 200.00 feet) to the POINT OF BEGINNING and containing 36.035 acres of land, more or less, within these metes and bounds. Owner -Initiated Annexation Service Agreement 11 EXHIBIT "A" County: Williamson Project: Barton Chapel Hill Annexation Halff AVO: 33984.001 Page 3 of 3 May 31, 2018 Basis of bearings is the 55.41 acre tract described in said Document No. 2017004719, O.P.R.W.C.T. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, 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. There Is an exhibit to accompany this description. Prepared by: COLEEN MARIE JOH H 60K J --M, 2018 Cole I-n M. 30hnso .P.1.5. Date Registered Profes 'v ial Land Surveyor Texas Registration No. 4871 Halff Associates, Inc., TBPLS Firm No.10029607 9500 Amberglen Blvd., Bldg. F, Suite 125 Austin, Texas 78729 512-777-4600 Owner -Initiated Annexation Service Agreement 12 Ownl Le 4� 6 General Warranty Dead to C.ebratIm Cwrci, Ca led 48.BG Acres Dx No. 2005003122 h oc DNo 2005003123 D.P R W.C.T L14 .1p" f j 1 r rr Ir rr s � £rre.;ery 7paga 5r4NaF:t ;c'+e.rar Qf."l M Tw•, Leow-e %s ?" Near y�•a Rer =..n- ta Io�teet ci i' c Eud. A+n Oerlu v.11•. 5.uwe.v Asprr'i ie.x k '..W iv-tlnper of C';i a 55 3- No 2Cr77C42'9Y•:',-- 36.035 ACRES 42 dF r � xti BASIS OF BEARINGS IS THE 55.41 ACRE TRACT DESCRIBED IN EXECUTOR'S SPECIAL WARRANTY DISTRIBUTION DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST OF RECORD IN DOCUMENT NO. 2017004719. O.P.R W C.T. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, 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. THERE IS A DESCRIPTION TO ACCOMPANY THIS EXHIBIT. TrJslcc'e Speria' A'mror ;l �e.j Ic C•' lrer .6111 T, n. — 12 AC hu cr. B— N. 2C'7CC5693 u D ANNEXATION EXHIBIT HUIBED DSON SURVEY, ABSCT NO, 295, WILLIAMSON COUNTY, TEXAS, THER111 jIA1 HALF F• 31D SCRA. BEING A PORTIONOUT OF TRACTS 1OF IN A TRUS EE'SSPSPECIAL WARRANTY DISTRIBUTION DEED TO CHILDREN AT HEART FOUNDATION. OF RECORD IN DOCUMENT NO. 2017006685, O.P.R.W.C.T, AND A PORTION es%-MMOLM KW slot c &nTE 1M sue+►+ ME 7e729 OF THE REMAINDER OF A SSAI ACRE TRACT DESCRIBED IN AN EXEUCTOR'S SPECIAL WARRANTY DISTRIBUTION DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TREES OF THE CARRIE ANN BARTON Isnernylr<I 1o.2W SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD IN DOCUMENT NO. 2017004719, O.P.R.W.0 T. ;r-Initiated Annexation Service Agreement 13 Exhibit "D" AW -� T �,.- yak,• - V JF ■ !� +Pa sk ASP— , � �q. .. r { • .` , J ; 0 TABLE OF CONTENTS I. GENERAL PROVISIONS......................................................................................1 II. ZONING AND LAND USE..........................................................................3 III. DEVELOPMENT STANDARDS.........................................................................4 IV. ACCESS, CIRCULATION, AND PARKING....................................................5 V. OPEN SPACE, LANDSCAPING, AND IMPERVIOUS COVER................6 VI. SIGNAGE..................................................................................................................7 VII. LIST OF EXHIBITS....................................................................................I...........8 Title This document is known as "Chapel Hill Planned Unit Development," and may be cited as "Chapel Hill PUD" or "this PUD" or "this document." Property The Chapel Hill PUD is located on Westinghouse Road, a.k.a. CR 111. The "Property" includes approximately 54.14 acres and may also be referred to as the "site," "project," or "development." Purpose and Intent The Chapel Hill PUD is intended to provide a framework for a quality mixed -use environment integrating mixed commercial, high -density residential, open space. The PUD is intended to integrate good planning practices to meet the spirit and intent of the Georgetown Unified Development Code (UDC). Development Rights The Project is defined as a mixed -use development described in this PUD. Development of the Property will occur through a series of submittals to the City to obtain the proper approvals and permits. All standards and regulations not specified in this PUD are governed by the "Unified Development Code of the City of Georgetown, Texas" in effect on the date of approval of the Development Agreement with the landowners, developer and City (February 12, 2019). In those cases where in conflict with the UDC, this PUD shall take precedence. Base Zoning Districts The base zoning districts for the PUD are MF-2, High - Density Residential and C-1, Local Commercial. Except as expressly provided herein, all development within this PUD shall comply with the allowed land uses and required development standards in the MF-2 and C-1 Districts. The terms of this PUD shall control unless otherwise specified herein. Definitions This PUD shall follow the definitions established in Chapter 16, Definitions, of the UDC, except as expressly identified herein. Severability If a regulation, article, section, phrase, clause, term, word, or part of this PUD is considered invalid, it will not affect the applicability and enforceability of the remaining portions of this PUD. Modifications and Amendments Technical or engineering considerations may call for minor deviations from the approved PUD. Minor deviations may be approved by the Director if they are consistent with the intent of the original PUD approval. Minor deviations include adjustments in area not to exceed 10%, numerical deviations to the standards set forth in this PUD not to exceed 10%, final locations of green space, trails, stormwater facilities, driveways and/or access points. Changes to the approved PUD that the Director determines are not minor deviations require a PUD amendment. Graphics, illustrations and exhibits in this PUD are for illustrative purposes only and are subject to change. Precise location of streets, driveways, trails, stormwater facilities, lot layouts, building elevations, and amenities, etc. will be determined at Site Development Plan. GUIDING PRINCIPLES As the site develops, a series of aspirational guiding principles will be considered by designers. These principles include: • Promoting quality design and aesthetics that integrate different land uses • Generating sufficient density to support commercial amenities and services Ensuring careful preservation of unique natural features ■ Enhancing the image of the site from the public street and view corridor 2 Chapel Hill is planned as a cohesive, mixed -use environment supportive of the mix of uses in the corridor. The MF-2 area is intended for attached residential development, such as apartments and condominiums. The C-1 area is intended to provide areas for commercial retail and employment activities. BASE ZONING The base zoning districts for this PUD are Local Commercial (C-1) and Multifamily High Density (MF- 2), as depicted in "Exhibit C.1." This page provides a summary of the two base zoning districts. LAND USES Except as provided in this PUD, Chapel Hill land uses shall be governed by the allowances and procedures established in Chapter 5 of the UDC, as of the effective date of the Development Agreement (February 12, 2019). Prohibited Land Uses In addition to specified land uses that are prohibited in Chapter 5 of the UDC at the time of the Development Agreement, the uses outlined in Table C.1 are also prohibited throughout the Development. Table C.1 Prohibited Land Uses Prohibited Land Uses 1. Cemetery, Mortuary, or funeral home 2. Correction Facility 3. Firing Range (Indoor or Outdoor) 4. Manufactured Housing S. Manufactured Housing Sales 6. Pawn Shop 7. RV Sales, Rental or Service 8. Self -Storage, Outdoor 9. Sexually -oriented business 10. Transient Service Facility 11. Waste -Related Uses 12. Wrecking, Scrap and Salvage Yard Additional Permitted Land Uses In addition to the land use allowances in Chapter 5, Chapel Hill includes additional permitted primary land uses, as described in Table C.2. Any "Permitted" uses added by the City to the C-1 and MF-2 Districts in the UDC following the effective date of this PUD shall, upon adoption, become a Permitted use in the Development. Table C.2 Additional Permitted Land Uses 1. Restaurant, General 2. Restaurant, Drive -Through 3. Food Catering Services 4. Live Music or Entertainment 5. Printing and Publishing 6. Office/Warehouse 7. Office/Showroom 8. Research, Testing and Development Lab 9. Manufacturing, Processing and Assembly, Limited 10. Commercial Document Storage Additional 1. Office 2. Multifamily, Detached Dwelling Units 3. Townhouse Notes: • All primary uses in Table C.2 are permitted by - right without supplemental requirements or special use permits. 3 C-1 None 15 10 0 10 40 45 10 482 No min. WESTINGHOUSE OVERLAY these driving lanes. This appearance may include the • Sustainable building materials that are in harmony with other buildings on site. Building materials are not intended to be the same throughout the property, but should retain elements of consistency. • At the landowner/builder's discretion masonry building materials to provide an enhanced, high - quality storefront appearance are encouraged. Additionally, commercial site development plans that include areas within this overlay, shall include enhanced No min. landscaping at 30% over the UDC requirements. This enhanced landscaping shall be eligible for impervious cover bonuses, as shown in Table F.1, Impervious Cover. This area shall include water -wise species and irrigation techniques to ensure water conservation Notes and encourage an open, natural appearance. Small Perimeter Setback applies to outer boundary of property to medium-sized trees shall be clustered and zResidential Units in commercial area allowed for upper -story only intermittingly spaced, with a variety of species and 3No building wall shall exceed 240 feet in length seasonal interest. For the increased landscaping over the code minimums, Ornamental Trees are allowed to count for 100% of the additional Shade Tree amounts to allow for placement within utility easements closer to Westinghouse. All buildings facing the overlay area depicted on C.1 shall present an architectural appearance towards following: • Variation of wall planes, with offsets and MF-2 articulation. None Building design elements such as awnings, windows, doors, lighting, and other architectural 15 features found on primary facades. (main entry to 10 building not required to face these streets). 10 45 483 10 N/A 10 N/A Along Westinghouse Road and part of the entry drive, an "overlay" area, as designated on Exhibit C.1, is intended to provide a cohesive appearance and green buffer from the high-speed public street. This area will be framed by a 40-foot green street setback from Westinghouse, where no buildings or parking lots shall be located (setback does not apply adjacent to the main entry drive). DEVELOPMENT STANDARDS Table D.2 Development Standards Minimum Lot Size Minimum Lot Width (feet) Perimeter' Setback (feet) Internal Commercial Lot Setback (feet) Setback to a Residential District (feet) Westinghouse Road Setback Building Height (feet) Building Separation (feet) Residential Units per Building (max.) Residential Dwelling Unit Size (min.) Sidewalk - Westinghouse Road (feet) In SITE ACCESS Access to the 54 acres will betaken from Westinghouse in the form of three driveways, as generally depicted in "Exhibit C.2." The final number of driveways and locations of each will be studied with the T.I.A. to determine the number of and precise locations, based on speed and sight distance analysis. In order to promote a cohesive site, shared access points and private driveway circulation will ensure a sense of inclusion and commonality. The main entry will be constructed and designated as a driveway, serving both the residential and commercial uses on the site. Traffic circulation throughout the site will primarily be achieved through private driveways. A traffic calming feature such as a traffic circle may be installed at the developer's election. Gated access is allowed for the multifamily development. Stacking depths for gates located on an internal driveway shall not be required to exceed one (1) car length. If a gated entry is directly adjacent to a public street, a stacking of four (4) car lengths is required. PEDESTRIAN AND BICYCLE A 6-foot sidewalk adjacent to Westinghouse Road shall be built with the first multi -family Site Development Plan, from the main entry drive to the eastern boundary line. A 6-foot sidewalk adjacent to Westinghouse Road from the main entry drive to the western boundary line shall be designed and constructed with the first commercial Site Development Plan located in the C-1 Area west of the main entry drive. To provide connectivity within the site and non - vehicular access to commercial areas within the site and beyond, a 10' pedestrian path shall be constructed from the first multi -family site to the Westinghouse Road sidewalk, in a location at the developer's choosing. This path shall be constructed prior to the last phase of the first multi -family site. Any future residential sites shall also connect to the Westinghouse sidewalk, through a separate route or by connecting to the first multi -family site's constructed path. PARKING SPACE / PARKING LOT DESIGN Tandem Parking may be utilized for multi -family up to 20% of required parking, but only when the front vehicle is designated inside of a garage or carport. All such parking shall be demarcated as reserved. Aisle Widths for driveways interior to the site without parking on either side of the aisle shall be a minimum of 22 feet in width. Driveways less than 26 feet shall be signed or marked for no parking. OFF-STREET PARKING REQUIREMENTS Off-street parking shall generally adhere to the UDC Chapter 9 requirements, except as specified in Table E.1 below. Shared parking may be considered by the Director in areas where commercial and office uses are permitted. Table E.1 Vehicular Parking C-1 M F-2 Household Living 1 per 1 BR -unit; 1 per 1 BR -unit; IS per 2+ BR -unit 2 per 2+ BR -unit Mixed -Use Retail 1 per 200 1 per 200 Center (GFA) Professional and Business Offices 1 per 300 1 per 300 (GFA) All Other Uses As specified in UDC Chapter 9 Terms: BR = Bedroom GFA = Gross Floor Area square footage Open space and shared stormwater facilities are necessary components of this development due to the ridgeline and topography throughout the site. COMMON AREA AMENITIES Development within the multifamily area shall provide on -site amenities according to the UDC. LANDSCAPING AND BUFFERING All landscaping on site shall be in conformance with Chapter 8 of the UDC, except as stated below for bufferyards and boundary walls. Bufferyards internal to the site shall not be required between commercial and multifamily development, regardless of zoning district. Residential Boundary Walls will not be required in order to maintain the open aesthetic of the natural landscape. Wrought -iron or similar fencing may be constructed along Westinghouse Road at the developer's discretion, not to exceed six (6) feet in height. TREE PRESERVATION/MITIGATION Trees shall be protected on -site and mitigation measures taken for removals in accordance with Chapter 8 of the UDC. The "Rocky Grove" tree stand shall be substantially retained to support the guiding principle of preservation of natural elements and open spaces. The Rocky Grove is defined as the group of Heritage Trees along the east ridge of the Property, as shown on the plat for this area. Any removals within this tree stand shall be well -justified when proposed for removals, and meet the mitigation requirements in Chapter 8 of the UDC. IMPERVIOUS COVER Impervious cover maximum per -acre percentages are specified below in Table F.I. To achieve higher impervious cover percentages, the following features are established on the Conceptual Master Plan ("Exhibit C.1"): 1. Low Impact Design - Regional wet pond; 2. Preservation of Natural Areas - The Rocky Grove tree stand; and 3. Over -provision of Landscaping. Table F.1 Impervious Cover Commercial Multifamily Impervious Cover - Overall (max.) 60% 50% Regional Wet Pond +7% +7% Preservation of Native Tree Stands +5% +5% Extra Landscaping +3% +3% 1. Bonuses may be achieved for all uses. All uses may get credit for a regional wet pond if the pond retains drainage from each. 2. Multifamily development may include portions of the commercial area property as part of the calculation of impervious cover as long as the area and calculation are depicted on a Site Development Plan. 0 Signage and commercial identification are critical to the success of the project because most of the development will not have frontage on Westinghouse Road. So that internal businesses and multifamily providers can advertise their presence to the public, additional signs and sizes are permitted. A cohesive design theme along Westinghouse Road will be presented with a Master Sign Plan. Prior to approval of the first sign permit for any portion of the property, a Master Sign Plan shall be submitted to the City. Except as specified in this PUD, all other signage shall be in conformance with Chapter 10 of the UDC. SIGN TYPES ESTABLISHED The following sign types are permitted within the site: • Westinghouse Low -Profile Monument Signs • Westinghouse Entry Monument Signs • Interior Low -Profile Monument Signs • Building Wall Signs • Exempt and Provisionally Exempt Signage SIGN LOCATIONS Signs will be located for optimal identification and direction for the end -users on the site. Final locations will be determined by, but not limited to, lot boundaries, driveway layouts, building locations, and other similar factors. Sign setbacks shall be in accordance with the UDC. Table GA Sign Standards SIGN DESIGN AND MATERIALS Sign materials will tend to evoke the architectural elements associated with the site's buildings. Accordingly, the sign design and material palette may vary based on the sign location and context but will remain consistent with the general design theme established in the master sign plan. Sign height and area maximum dimensions can be found in Table G.1, below. Sign Base materials shall consist of Class I masonry material at a minimum height established in Table G.1. Additional landscaping, beyond minimum requirements, will be provided around the base of the signs, and will be submitted at the time of sign permit. ENTRY SIGNAGE The primary front door for Chapel Hill is the Barton Drive shared private entry from Westinghouse Road. It is essential that any multi-user development also hasve relevant signage and street expression to advertise their locations. The Westinghouse Entry monument signs will have plant and monument landscaping features in addition to the signage allowed in Table G.1. These features will help define a sense of place for both residents and patrons. Max. # of Sign Height Sign Face Total Sign Area Sign Base Signs (max. ft.) Area (max. sq. ft.) (max. sq. ft.) (min. height) Westinghouse Low -Profile Monument 4 6 45 60 181, Westinghouse Entry Monument 2 8 64 80 24" Interior Low -Profile Monument 4 5 32 40 18" Building Wall Signs As set out in Chapter 10 of the UDC Exempt and Provisionally Exempt As set out in Chapter 10 of the UDC Note: Directional signage within the site may contain the names of businesses and residential communities located within the site 7 Exhibit C.1 -- Conceptual Master Plan Exhibit C.2 -- Driveway Access Locations Ak I'L--- Ilk u _77777 77 47 77777 'T LEGEND MF-2 Multi -family C-1 Local Commercial Westinghouse Overlay C 40' 80 160 SCALE: 1" = 40r I IF LEGEND [-� Primary Drive M Secondary Drive 6383187 -5357521 IMP 0 87.5 175 350 1 1 "= 175'