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HomeMy WebLinkAboutORD 2006-112 -Rrestrict Traffic Pecan TrlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll ORD 2006102155 8 PGS ORDINANCE NO. AW40-1/Z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS RESTRICTING ACCESS TO A PLATTED, BUT UNCONSTRUCTED STREET, KNOWN AS PECAN TRAIL, LOCATED IN BRIARWOOD SUBDIVISION, SECTION 4, WHICH SUBDIVISION PLAT IS RECORDED IN THE PLAT RECORDS OF WILLIAMSON COUNTY IN CABINET I, SLIDE 172, TO PEDESTRIAN AND EMERGENCY AND MAINTENANCE VEHICLES ONLY; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Briarwood Section 4 is a 22.01-acre subdivision situated in the City of Georgetown, Texas in the David Wright Survey, Abstract No. 13, recorded in Cabinet I, Slide 172 of the Plat Records of the Williamson County, Texas, which subdivision is in the process of being developed as a single-family residential subdivision (the "Plat"); and WHEREAS, the Plat includes a street designated as Pecan Trail that is one lot in length and which was intended to connect Hedgewood Drive to the adjacent tract to the south upon future development of the tract to the south; and WHEREAS, the adjacent tract to the south is now owned by the City of Georgetown has since been dedicated as public parkland (Emerald Springs Park), and Pecan Trail is a street stub that dead ends at Emerald Springs Park and will not be extended any further to the south; and WHEREAS, in order to maintain quality of life for the citizens of Georgetown, the City Council funds it to be in their best interest to prohibit vehicular traffic (except for emergency and maintenance vehicles) from using Pecan Trail as its means of ingress and egress to the adjacent lots and to Emerald Springs Park; and WHEREAS, the owner of Lot 7, Block E in the Briarwoods Section 3 Subdivision has consented to the restricted access to Pecan Trail, and evidence of consent is attached hereto as "Exhibit A" and shall be recorded in the real property records of Williamson County, Texas, and WHEREAS, the developer of Briarwoods Section 4, owns Lot 1, Block C of the Briarwoods Section Subdivision has consented to the restricted access to Pecan Trail, and evidence of consent is attached hereto as "Exhibit B" and shall be recorded in the real property records of Williamson County, Texas; and Ordinance No. 020%-1/1:2- Prohibiting Certain Vehicular Traffic on Pecan Trail, Briarwoods, Section 4 Page 1 of 3 WHEREAS, the developer of Briarwoods Section 4 has committed to make the following improvements for the benefit of Briarwoods Section 4 and Emerald Springs Park: 1. Install a cedar sign on a limestone base at the entrance to Emerald Springs Park off of Hedgewood similar to the sign at Old Mill Road; and 2. Install two plastic coated steel park benches; and 3. Clear underbrush through a portion of the park in the Briarwoods Section 4 subdivision; 4. Install a four (4) foot concrete path from Hedgewood to existing path in park; and 5. Provide mulch from construction activities for the existing trail. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF GEORGETOWN: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following elements of the Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: Transportation Policy 10.00 of the Century Plan — Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City. " SECTION 2. Section 12.04.040 of the Georgetown Code of Ordinances is hereby added to the City Code and shall provide as follows: SEC. 12.04.040RESTRICTING ACCESS TO PECAN TRAIL TO PEDESTRIAN AND EMERGENCY AND MAINTENANCE VEHICLES A. Access to Pecan Trail in the Briarwoods Section 4 Subdivision recorded in Cabinet I, Slide 172 of the Plat Records of the Williamson County, Texas in) shall be restricted to pedestrian and emergency and maintenance vehicles only. No other vehicular traffic or parking shall be allowed on Pecan Trail. Ordinance No. Prohibiting Certain Vehicular Traffic on Pecan Trail, Briarwoods, Section 4 Page 2 of 3 B. The foregoing restriction on access to Pecan Trail to pedestrian and emergency and maintenance vehicles only shall not be construed to authorize abandonment or vacation of the street. SECTION 3. That should any section or any portion of any section hereof be decreed to be void, the invalidity of such section or such portion thereof shall not affect the validity of the remaining portions of this ordinance; and that each section and each portion thereof not decreed to be invalid shall remain valid and enforceable. ECTION 4. That all ordinances and parts of ordinances that are in conflict with this ordinance are hereby repealed. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 24th day of October, 2006. PASSED AND APPROVED on Second Reading on the 141h day of November, 2006. ATTEST: 7 Sandra D. Lee, City Secretary APPROVED AS TO FORM: Pa g atricia E. Carls City Attorney CITY OF GEORGETOWN, TEXAS By: Gaf4Nelo Mayor Ordinance No. oZ DO -112- Prohibiting Certain Vehicular Traffic on Pecan Trail, Briarwoods, Section 4 Page 3 of 3 CONSENT TO RESTRICTED ACCESS TO PLATTED BUT UNCONSTRUCTED STREET I. James M. Lassiter ("Owner' owner(s) of property located at: Briarwood [subdivision name] [property owner(s)] 702 Hedgewo_od Drive, Georgetown, Texas_ [property address] , Sec 4 , Block C , Lot consent to the following proposed restriction of access to: the platted, but unconstructed street known as "Pecan Trail", located at Briarwood Section 4, Subdivision recorded in Cabinet I, Slides 172-174 of the Plat Records of Williamson Coun , Texas. [legal description] Access to above -referenced street shall be restricted as follows: Vehicular traffic shall be restricted to pedestrian and emergency and maintenance vehicles only. No other vehicular traffic or parking shall be allowed on Pecan Trail. The foregoing restriction on access to above -referenced street shall not be construed to authorize abandonment or vacation of the street. This consent is and shall be binding on Owner's heirs, personal representatives, successors, and assigns. I have carefully read the foregoing consent and agree to it as written. [Printed Name] Signature [Printed Name] Date / Date ORD. 0200(0-A& /9 PajP l v{ V (SEE SIDE 2 FOR NOTARY) THE STATE OF TEXAS § COUNTY OF TRAVIS § Subscribed and sworn to before me, by James M. Lassiter this 16th da•/ of October, 2006. [SEAL] CUM SWAM Notary Public '*= State of Texas a My Cwnmission Exa T JUNE 25 20JT After Recording Return to: City of Georgetown ATTN: Streets Department P.O. Box 409 Georgetown, Texas 78627-0409 ORA zOoe - //z �5xhih;f q page o f LAD C"' Notary Public, State of Eafifemin-rex4.5 My Commission Expires:---Expires:---j Z o7 CONSENT TO RESTRICTED ACCESS TO PLATTED BUT UNCONSTRUCTED STREET Kyle E. & Wikitoria M. Lovett ("Owner" [property owner(s)] owner(s) of property located at: 600 Hedgewood Drive, Georgetown, Texas [property address] Briarwood , Sec 3 , Block E , Lot 7 ), [subdivision name] consent to the following proposed restriction of access to: the platted, but unconstructed street known as "Pecan Trail", located at Briarwood Section 4, Subdivision recorded in Cabinet I, Slides 172-174 of the Plat Records of Williamson Coup , Texas. [legal description] Access to above -referenced street shall be restricted as follows: Vehicular traffic shall be restricted to pedestrian and emergency and maintenance vehicles only. No other vehicular traffic or parking shall be allowed on Pecan Trail. The foregoing restriction on access to above -referenced street shall not be construed to authorize abandonment or vacation of the street. This consent is and shall be binding on Owner's heirs, personal representatives, successors, and assigns. 1 have carefully read the foregoing consent and agree to it as written. PROP ignature � l [Pn t dName] 44 Signature UU Litt �1-1 6, It) [Printed Name] I --1-e�l& Date q-; Date ORD• E59b, �if p 3 �� (SEE SIDE 2 FOR NOTARY) THE STATE OF CALIFORNIA § COUNTY OF SAN BERNADINO § Subscribed and sworn to before me, by Kyle E. Lovett this 1st day of Septemb--r, 2006. [SEAL] 1 Notary My Coi C.tiee W"M 4P16"* i 1kMairy #AM . igo THE STATE OF CALIFORNIA § COUNTY OF SAN BERNADINO § )fie, State of California ssion Expires: Subscribed and sworn to before me, by Wiftitoria M. Lovett this 1 st day of September, 2006. [SEAL] GX tTEDWN COMMMon * 16"703 kwaY Ma - Cmwool km Mrr9 rd" CCU* �MCarrm� �IWr ��, got After Recording Return to: City of Georgetown ATTN: Streets Department P.O. Box 409 Georgetown, Texas 78627-0409 D,RQ. '�oa(0 - !I � �a{ ewhibi� 19 1 Notary Puyfc, State of California My Cam scion Expires: Po (--) oar-unfu110 nu 114,9L rn I'I11I unto it imy rno aru. :liCQJUJ:lVU i , U 3 AGEN TEXAS Memo Dste: Scprember 6, 2006 To: I w= M. Lassiter From; Kimberly Garrett, Patios and k=eation Director Re: Parkland Improvements for Brhu wood Section Four PARKS & !U-CRE&TlON (; W OF Cf Ix)RGf.T0WN The developer of $riarwood Sett D Four agrees to provide tht following amonilies at Emerald Springs Park which is 4a cent to Btiairwood Section Foor. The Parks and Recreation Director arad the Diredor of Community Services met with Jim Lassiter at tho sits on Aague 30, 2006, and the following were agrcW upon 10 meet the parkland dadication requirement. 1. Install cedar sign on a limstone base at the entrance off ofHcdgewod sinailu to the sign at 010C 11 Road ?, tnsradl two plastic coated steel Park benches 3_ Cl= underbrush through a portion of the park in this subdivision 4. ftrmll four foot ctnerme pat$ rrom i lcdgcwoad to existing path it) park S. Provide mulch from construction activities for existing trail Parkland improvements to ba reviewed and accepted by the Packs and Rrereation Director bolore final accoptarnce of the subdivision. Both the City of Gcorgctor nt and the developer agree to these improve mnti A. a Ambarly tt. P =d iccn Director ate CS M. Lassiter rate 110z N. Gollc�o St. I PA. Hn� �D9 I <;+x�ixcUown.'I��,s 7fl(r„7.ia-7u:) i a�1�19:�:�s �:, ,6a.19"d-,�l;lafc I �:,a ,rww,bt�,rl;vt�,wnraarl;:,,r�r� lairl-NRge a geVownla_.mrk Exhibii 9 _ ple / of / FILED AND RECORD2� D102755 OFFICIAL PULIC ECOMS 11/27/2006 07:10 PM PHERBRICH $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS