HomeMy WebLinkAboutORD 2020-61 - ANX Scenic/Natural GatewayOrdinance No. 1W
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 designation of initial zoning
designation of General Commercial (C-3) and Scenic/Natural Gateway
Overlay districts for certain territory consisting of 0.526 acres, more or less, in
the L.P Dyches Survey, Abstract No. 171, 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 July 28, 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, 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
a 0.526-acre tract of land, out of the L.P Dyches Survey, Abstract No. 171, 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 3, as it is adjacent to Council District 3 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 General Commercial (C-3) and Scenic/Natural
Gateway Overlay Zoning district are appropriate for the Property and consistent with the City's
Comprehensive Plan, and upon annexation the Property shall have a zoning of General
Commercial (C-3) and Scenic/Natural Gateway Overlay. The City's Official Zoning Map shall be
Ordinance No. Page 1 of 2
Project Name Highland Village Phase II 2020-6-ANX
Date Approved: September 22, 2020 Exhibit A,B,C attached
amended accordingly.
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 81" day of September 2020.
Passed and Approved on Second Reading on the 22^d day of September 2020.
The City of Georgetown:
RJR"" (;��W
Dale Ross
Mayor
Approved as to form:
Skye asso
City Attorney
Attest:
Robyn Densmore, TRMC
City Secretary
Ordinance No. _ gowl/ Page 2 of 2
Project Name Highland Village Phase II 2020-6-ANX
Date Approved: September 22, 2020 Exhibit A,B,C attached
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VOLUME 643, PAGE 222
Curve Table
Curve #
Length
Radius
Delta
Chord
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464.78'
1705.00'
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BEING a 0.526 acre tract of land more
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BEING a 0.526 acre tract of land situated in the L.P. DYCHES SURVEY, ABSTRACT No. 171,
in Williamson County, Texas and being all of that certain 0.526 acre tract of land
described in a General Warranty Deed dated June 5, 2020 from Wally Wilson and Justin R.
Wilson to Highland Village Georgetown, LP, a Texas limited partnership and being of record
in Document No. 2020059344, Official Public Records of Williamson County, Texas.
STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS, that I Michael E.
OF Alvis, a Registered Professional Land Surveyor in the
r:��.IfCA94EL
1STr'A .j. COUNTY OF BELL State of Texas, do hereby certify that this survey was
�'i+this day made on the ground of the property
t. ALVI�described herein and is correct.
5402 �,._ IN WITNESS THEREOF, my hand and seal, this the 9th day of June 2020.
141ic ael E Alvis, R.P.L.S., No. 5402
SKETCH FOR: DATE:
0.526 ACRES JUNE 9, 2020
ENGINEERING • PLANNING • SURVEYING DRAWN BY.
CONSTRUCTION MANAGEMENT OUT OF AND A PART OF THE L.P. AJ
DYCHES SURVEY. ABSTRACT NO. 171
TURLEY ASSOCIATES, INC. IN THE ETJ OF THE CITY OF SCALE:
301 N. 3rd ST. TEMPLE, TEXAS (254) 773-2400 OEORGETOWN. MSON COUNTY.
TEXAS1"=100'
1--A111U1L u
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BEING a 0.526 acre tract of land situated in the L. P. DYCHES SURVEY, ABSTRACT No. 171, in
Williamson County, Texas and being all of that certain 0.526 acre tract of land described in a
General Warranty Deed dated June 5, 2020 from Wally Wilson and Justin R. Wilson to Highland
Village Georgetown, LP, a Texas limited partnership and being of record in Document No.
2020059344, Official Public Records of Williamson County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a Texas Department of Transportation aluminum cap right-of-way monument
found being the northwesterly corner of the said 0.526 acre tract and being an angle point in
the southwest boundary line of that certain 120.53 acre tract of land described in a Warranty
Deed with Vendor's Lien dated May 2, 2018 from Circle B-Y Partners, Ltd., a Texas Limited
Partnership, acting by and through its duly authorized and directed General Partner, Michelle
Lynn Dube, and Michelle Lynn Bell Dube and husband, Travis A. Dube to Highland Village
Georgetown, LP, a Texas Limited Partnership and being of record in Document No.
2018043854, Official Public Records of Williamson County, Texas and being in the northeast
right-of-way line of Ranch -to -Market Road No. 2338 for corner;
THENCE S. 770 41' 17" E., 255.45 feet departing the said northeast right-of-way line and with
the southwest boundary line of the said 120.53 acre tract ( calls N. 77' 40' 12" W., 255.37 feet)
and with the north boundary line of the said 0.526 acre tract to a 1/2" iron rod with cap
stamped "5784" found being the northeast corner of the said 0.526 acre tract and being an
angle point in the said southwest boundary line of the 120.53 acre tract for corner;
THENCE S. 220 52' 28" E., 266.44 feet with the easterly boundary line of the said 0.526 acre
tract and continuing with the said southwest boundary line ( calls N. 22' 24' 54" W., 266.48
feet ) to a 1/2" iron rod found being the southeast corner of the said 0.526 acre tract and being
an angle point in the said southwest boundary line and being in the aforementioned northeast
right-of-way line of Ranch -to -Market Highway No. 2338 and being at the beginning of a curve
to the left having a radius equals 1705.00 feet ( calls 1705.00 feet), chord bearing equals N. 490
39' 19" W., 463.34 feet for corner;
THENCE 464.78 feet along the arc of said curve to the left departing the said southwest
boundary line and with the southwest boundary line of the said 0.526 acre tract and with the
said northeast right-of-way line to the Point of BEGINNING and containing 0.526 acres of land.
******************************
I, Michael E. Alvis, a Registered Professional Land Surveyor in the State of Texas, do hereby
certify that these field notes are a correct representation of a survey made on the ground.
June 4, 2020
Bearing Base: Texas State Plain Coordinate System
observation.
Exhibit A
1983 ) as determined by G.P.S.
ENGINEERING • SURVEYING - PLANNING
301 NORTH 3RD STREET • TEMPLE, TEXAS 76501 • (254) 773-2400
ENGINEERING FIRM #1658 SURVEY FIRM #10056000
TURLEY ASSOCIATES, INC.
Page 1
Exhibit C
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND HIGHLAND VILLAGE GEORGETOWN, LP
This Mtniicil)al Services Agreement ("Agreement") is entered into on the day of
wl 7- by and between the City of Georgetown. Texas. a home -rule
munici ality of the State of'Texas ("City") and Highland Village Georgetown, LP, a Texas limited
partnership (collectively, "Owner").
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 8300 RM 2338, which consists
of approximately 0.526 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. 2020-6-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,
which may be accomplished through any means permitted by law.
Owner -Initiated Annexation Service Agreement
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
Fire Protection and Emerizency 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. 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.
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. Library — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utility Services -- The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
Owner -Initiated Annexation Service Agreement
2
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 Utility — City -
owned water and wastewater facilities that exist in the annexed area
will be maintained in accordance with City ordinances, standards,
policies and procedures.
X. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. 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
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
C. The City may impose a fee for any municipal service in the area annexed if
Owner -Initiated Annexation Service Agreement
the same type of fee is imposed within the corporate boundaries of the City.
All City fees are subject to revision from time to time by the City in its sole
discretion.
d. It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, term, or provision was
never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
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 party's right to insist upon appropriate performance
or to assert any such right on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
Owner -Initiated Annexation Service Agreement
C!
or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or future owner of any portion of the
Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
By: a�
C/z
Dale Ross
Mayor
Owner -Initiated Annexation Service Agreement
Approved as to Form:
. b ,51�c.•, /Vte.sssn.
City Attorney
Attest:
v.J
Robyn D smore, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the 7� day of S� 1 2OZO,
by Dale Ross, Mayor of the City of Georgetown, a Texas municipal corporation, Jn behalf of said
corporation.
By: _ -�5�
Notary Public, State of T xas
Owner -Initiated Annexation Service Agreement
6
SHIRLEY J RINN
my Navy ID # 22012>S5
Expires June 26, 2021
HIGHLAND VILLAGE GEORGETOWN, LP
a Texas limited partnership
By HIGHLAND VILLAGE GEORGETOWN GP, LLC
a Texas limited liability company, General Partner
By:
Barge, I1
President
State of Texas
County of Bell
This instrument was acknowledged before me on the 74h day of u 2020, by V.W.
Barge, III- President of HIGHLAND VILLAGE GEORGETOWN GP. LLC. a Texas limited
liability company, in its capacity as general partner of HIGHLAND VILLAGE GEORGETOWN.
LP. a Texas limited partnership. for and on behalf of said limited liability company and said limited
partnership.
Notary Public. State of Texas
Owner -Initiated Anncrcation Scn ice Agreement
------------
Lu Ann Popelke
Commission 9 609780-4
My Commission Expires
119-1- September 15, 2022
18-1182
EXHIBIT "A"
BEING a 0.526 acre tract of land situated in the L. P. DYCHES SURVEY, ABSTRACT No. 171, in
Williamson County, Texas and being all of that certain 0.526 acre tract of land described in a
General Warranty Deed dated June 5, 2020 from Wally Wilson and Justin R. Wilson to Highland
Village Georgetown, LP, a Texas limited partnership and being of record in Document No.
2020059344, Official Public Records of Williamson County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a Texas Department of Transportation aluminum cap right-of-way monument
found being the northwesterly corner of the said 0.526 acre tract and being an angle point in
the southwest boundary line of that certain 120.53 acre tract of land described in a Warranty
Deed with Vendor's Lien dated May 2, 2018 from Circle B-Y Partners, Ltd., a Texas Limited
Partnership, acting by and through its duly authorized and directed General Partner, Michelle
Lynn Dube, and Michelle Lynn Bell Dube and husband, Travis A. Dube to Highland Village
Georgetown, LP, a Texas Limited Partnership and being of record in Document No.
2018043854, Official Public Records of Williamson County, Texas and being in the northeast
right-of-way line of Ranch -to -Market Road No. 2338 for corner;
THENCE S. 770 41' 17" E., 255.45 feet departing the said northeast right-of-way line and with
the southwest boundary line of the said 120.53 acre tract ( calls N. 77140' 12" W., 255.37 feet)
and with the north boundary line of the said 0.526 acre tract to a 1/2" iron rod with cap
stamped "5784" found being the northeast corner of the said 0.526 acre tract and being an
angle point in the said southwest boundary line of the 120.53 acre tract for corner;
THENCE S. 220 52' 28" E., 266.44 feet with the easterly boundary line of the said 0.526 acre
tract and continuing with the said southwest boundary line ( calls N. 22' 24' 54" W., 266.48
feet ) to a 1/2" iron rod found being the southeast corner of the said 0.526 acre tract and being
an angle point in the said southwest boundary line and being in the aforementioned northeast
right-of-way line of Ranch -to -Market Highway No. 2338 and being at the beginning of a curve
to the left having a radius equals 1705.00 feet ( calls 1705.00 feet), chord bearing equals N. 490
39' 19" W., 463.34 feet for corner;
THENCE 464.78 feet along the arc of said curve to the left departing the said southwest
boundary line and with the southwest boundary line of the said 0.526 acre tract and with the
said northeast right-of-way line to the Point of BEGINNING and containing 0.526 acres of land.
******************************
I, Michael E. Alvis, a Registered Professional Land Surveyor in the State of Texas, do hereby
certify that these field notes are a correct representationA
0 a survey made on the ground.
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Michael E. Alvis, R.P.L.S. #5402 r z� 5402'n�
July 13, 2020 .0�s'yE'$
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Bearing Base: Texas State Plain Coordinate System ( as determined by G.P.S.
observation.
ENGINEERING • SURVEYING • PLANNING
301 NORTH 3RD STREET - TEMPLE. TEXAS 76501 - (254) 773-2400
ENGINEERING FIRM #1658 SURVEY FIRM #10056000
TURLEY ASSOCIATES, INC.
Page 1 o"m
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TRACT 2
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Curve Table
Curve #
Length
Radius
Delta
Chord
C1
464.78'
1705.00'
15'37'07"
N49'39'19"W 463.34'
(CALLS 1705-00-)
N77.4
CCAP \S77]']7 FI �4 TXDOT ALUM.� 37�
R.O.W. MON.FND. \ 1/2"IRF WITH CAP
PEDERNALES ELECTRIC ,/� STAMPED "5784"
COOPERATIVE, INC. t � 0.526 ACRES o
VOLUME 643, PAGE 222
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PEDERNALES ELECTRIC \ \ .
COOPERATIVE, INC.—
DOCUMENT NO. 2010052676
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S[7 CUMENS ND 2QD5Q
BEING a 0.526 acre tract of land more particularly described by separate \d notes.
BEING a 0.526 acre tract of land situated in the L.P. DYCHES SURVEY, ABSTRACT No. 171,
in Williamson County, Texas and being all of that certain 0.526 acre tract of land
described in a General Warranty Deed dated June 5, 2020 from Wally Wilson and Justin R.
Wilson to Highland Village Georgetown, LP, a Texas limited partnership and being of record
in Document No. 2020059344, Official Public Records of Williamson County, Texas.
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I Michael E.
OF Alvis, a Registered Professional Land Surveyor in the
p %ST£R�: -1- COUNTY OF BELL State of Texas, do hereby certify that this survey was
�. an this day made on the ground of the property
MICFIAEL E. ALVIS described herein and is correct.
5402 IN WITNESS THEREOF, my hand and seal, this the 9th day of June 2020.
SUav
Mic ael F Alvis, R.P.L.S., No. 5402
SKETCH FOR: DATE:
0.5245 ACRES JUNE 9, 2020
ENGINEERING - PLANNING • SURVEYING DRAWN BY:
CONSTRUCTION MANAGEMENT OUT OF AND A PART OF THE L.P. AJ
DYCHES SURVEY, ABSTRACT NO. 171
TURLEY ASSOCIATES, INC. IN THE ETJ OF THE CITY OF SCALE:
301 N. 3rd ST. TEMPLE, TEXAS (254) 773-2400 GEORGETOWN. MSON COUNTY.
TEXAS1"=100'