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HomeMy WebLinkAboutORD 2023-13 - Expand Boundary LimitsOrdinance No. g02 3 -13 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 designations of Residential Single Family (RS), Neighborhood Commercial (CN), and Agriculture (AG) of certain territory consisting of 101.24 acres, more or less, in the John Berry Survey Abstract No. 51 and the annexation of 3.68 acres of right-of-way on Count Road 152 adjacent to said territory; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, GT Berry Springs LLC, the owners of the 101.24 acres, more or less, in the John Berry Survey Abstract No. 51 shown on the location map attached hereto as Exhibit A and depicted in Exhibit B-1 and Exhibit B-2 attached hereto and by the reference incorporated herin (the "property"), has 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 City Council approved a Municipal Services Agreement, attached hereto as Exhibit C and by this reference incorporated herein, with GT Berry Springs, LLC on January 11th, 2022; 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, Section 43.106 of the Texas Local Government Code requires that if the City is to annex property abutting a county road, the City must with the annexation also annex the entire width of the abutting county road and the right-of-way on both sides of the county road; and Whereas, the Property abuts a portion of County Road 152, particularly the approximately 3.68-acre portion described and depicted in Exhibit B-3 attached hereto and incorporated herein (the "CR 152 ROW") that remains outside the city limits; 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. Ordinance No. Z OZ.3 - 1-3 Page 1 of 2 GT Berry Springs 101.24 acres 2022-10-ANX Date Approved: March 14, 2023 Exhibit A,B,C attached Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 101.24 acres in the John Berry Survey Abstract No. 51, as shown in Exhibit A and as described in Exhibit B-1 and Exhibit B-Z of this ordinance (the "Property") as well as a portion of Right -of - Way of County Road 152 as described in Exhibit B-3 of this ordinance (the ROW). The Property and ROW are hereby included in City Council District 6, as it is adjacent to Council District 6 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 classifications of Residential Single Family (RS) and, where a floodplain exists, Agriculture (AG) for the area described in Exhibit B-1 and Neighborhood Commercial (CN) for the area described in Exhibit B-2 are appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Residential Single Family (RS), Neighborhood Commercial (CN) and Agriculture (AG). The City's Official Zoning Map shall be 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 d. 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 28th day of February. Passed and Approved on Second Reading on the 14t" day of March. Ordinance No. 3 Page 2 of 2 GT Berry Springs 101.24 acres 2022-10-ANX Date Approved: March 14, 2023 Exhibit A,B,C attached The City of Attest: Josh SchroL-cVer Robyn Denb[nore, TRMC Mayor T City Secretary Approved Sky asson City Attorney Ordinance No. GT Berry Springs 101.24 acres Date Approved: March 14, 2023 Page 3 of 2 2022-10-ANX Exhibit A,B,C attached z Z o� WWI 0 x z 1 p w o 11 JF O N J � wo C7 j1 V O N W O N cn a U C7 ' �sr z < 1 FIELD NOTES 96.05 ACRES WILLIAMSON COUNTY, TEXAS BEING 96.05 acres of land out of the JOHN BERRY SURVEY, Abstract No. 51, Williamson County, Texas, and being part of a called 101.242 acre tract of land described in a deed to GT BERRY SPRINGS, LLC, recorded in Document No. 2021116108, OPR (Official Public Records of Williamson County, Texas), and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod found in the south right-of-way line of County Road 152, for the most northerly corner of said 101.242 acre tract and being at the northwest corner of a called 1.998 acre tract of land described in a deed to JEFFREY P. KAMALA D. GREIF, recorded in Document No. 2017003572, OPR, for the most northerly corner of this tract; THENCE with the common boundary line of said 101.242 acre tract and said 1.998 acre tract, for the following calls: 1. S 21°51’00” E, 343.68 feet, to an iron found at the southwest corner of said 1.998 acre tract; 2. N 69°51’01” E, 253.13 feet, to a cotton spindle found at the southeast corner of said 1.998 acre tract and being in the west boundary line of a called 10 acre tract of land described in a deed to CHRISTOPHER C. & AMY N. PARKER, recorded in Document No. 2009042657, OPR; THENCE S 21°48’06” E, 581.22 feet, with the east boundary line of said 101.242 acre tract and along the west boundary line of said 10 acre tract, to an iron rod found; THENCE S 21°57’43” E, 431.21 feet, with the east boundary line of said 101.242 acre tract and part of the way along the west boundary line of said 10 acre tract and part of the way along the west boundary line of a called 62.33 acre tract of land described in a deed to PINNACLE BUILDING CO, INC., recorded in Document No. 2021008145, OPR, to a 3 inch diameter steel fence post; THENCE continuing with the east boundary line of said 101.242 acre tract and along the west boundary line of said 62.33 acre tract, for the following calls: 1. S 64°53’27” E, 212.77 feet, to an iron rod found; 2. S 02°20’34” E, 1573.96 feet, to an iron rod found for the most southeasterly corner of said 101.242 acre tract and being in the north boundary line of a called 59.41 acre tract of land described in a deed to JERRY PAT GIBSON, recorded in Volume 1858, Page 107, OPR, for the most southeasterly corner of this tract; THENCE N 77°21’08” W, 465.28 feet, with the south boundary line of said 101.242 acre tract and along the north boundary line of said 59.41 acre tract, to an iron rod found in the east boundary line of a called 44.36 acre tract of land described in a deed to THOMAS E. & TRACI J. BYRD, recorded in Volume 2416, Page 424, OPR; THENCE N 17°08’32” W, 463.46 feet, with the common boundary line of said 101.242 acre tract and said 44.36 acre tract, to a calculated point in the approximate centerline of the Berry Creek; THENCE along the approximate centerline of said Berry Creek, for the following calls: 1. N 87°25’51” W, 104.23 feet, to a calculated point; 2. N 89°47’00” W, 127.60 feet, to a calculated point; 3. S 85°42’39” W, 174.16 feet, to a calculated point; 4. S 79°13’03” W, 82.48 feet, to a calculated point; 5. S 79°13’03” W, 92.23 feet, to a calculated point; 6. S 73°47’52” W, 181.11 feet, to a calculated point; 7. S 75°46’30” W, 18.72 feet, to a calculated point at the intersection of said Berry Creek centerline and the approximate centerline of the Dry Berry Creek; THENCE along the approximate centerline of the Dry Berry Creek, for the following calls: 1. N 77°52’44” W, 230.41 feet, to a calculated point; 2. N 68°14’59” W, 125.31 feet, to a calculated point; 3. N 47°45’14” W, 84.31 feet, to a calculated point; 4. N 45°49’38” W, 118.13 feet, to a calculated point; 5. N 47°21’12” W, 77.89 feet, to a calculated point; 6. N 40°38’47” W, 82.86 feet, to a calculated point; 7. N 37°58’04” W, 89.69 feet, to a calculated point; 8. N 37°41’08” W, 108.02 feet, to a calculated point; 9. N 42°11’32” W, 128.40 feet, to a calculated point; 2 10.N 39°57’58” W, 41.31 feet, to a calculated point; 11.N 31°29’35” W, 83.98 feet, to a calculated point; 12.N 30°17’21” W, 57.09 feet, to a calculated point; 13.N 30°19’49” W, 42.09 feet, to a calculated point; 14.N 25°10’04” W, 13.83 feet, to a calculated point; 15.N 38°02’39” W, 98.59 feet, to a calculated point; 16.N 37°27’02” W, 62.48 feet, to a calculated point; 17.N 45°43’31” W, 50.53 feet, to a calculated point; 18.N 33°33’32” W, 54.82 feet, to a calculated point; 19.N 34°33’12” W, 69.38 feet, to a calculated point; 20.N 48°03’51” W, 49.86 feet, to a calculated point; 21.N 42°33’48” W, 30.09 feet, to a calculated point; 22.N 40°57’20” W, 52.90 feet, to a calculated point; 23.N 47°35’31” W, 25.93 feet, to a calculated point; 24.N 33°03’52” W, 26.80 feet, to a calculated point; 25.N 39°34’23” W, 42.83 feet, to a calculated point; 26.N 40°05’00” W, 39.80 feet, to a calculated point; 27.N 48°16’14” W, 44.85 feet, to a calculated point; 28.N 53°06’20” W, 70.31 feet, to a calculated point; 29.N 27°49’06” W, 14.80 feet, to a calculated point; 30.N 12°42’19” W, 68.00 feet, to a calculated point; 31.N 26°19’42” W, 26.11 feet, to a calculated point; 32.N 06°55’24” W, 34.02 feet, to a calculated point; 33.N 01°06’45” E, 24.85 feet, to a calculated point; 34.N 28°46’32” W, 56.27 feet, to a calculated point in the south right-of-way line of said County Road 152, for the northwest corner of said 101.242 acre tract and for an easterly corner of a tract of land described in a deed to WILLIAMSON COUNTY, recorded in Document No. 2011066293, OPR, for the northwest corner of this tract; THENCE with the south right-of-way line of said County Road 152 and with north boundary line of said 101.242 acre tract, for the following calls: 1.N 35°03’19” E, 21.97 feet, to an iron rod found at the beginning of a curve to the right; 2.With said curve to the right, having a radius of 760.00 feet, an arc length of 94.00 feet, and a long chord bearing N 38°24’28” E, 93.94 feet, to an iron rod found for the west corner of a called 3.35 acre tract of land described as Tract One in a deed to DAVID LEE WHITEAKER, recorded in Document No. 2020008944, OPR; THENCE with the common boundary line of said 101.242 acre tract and said WHITEAKER property, for the following calls: 1.S 47°47’26” E, 681.64 feet, to an iron rod found for the south corner of said Tract One; 2.N 42°11’58” E, 250.54 feet, to an iron rod found in the southeast boundary line of a called 2.64 acre tract of land described as Tract Two in said deed to DAVID LEE WHITEAKER; 3.N 42°02’45” E, 183.67 feet, to an iron rod found for the east corner of said Tract Two; THENCE across and upon said 101.242 acre tract, for the following calls: 1.S 52°52’11” E, 50.56 feet, to a calculated point at the beginning of a non-tangent curve to the right; 2.With said curve to the right, having a radius of 50.00 feet, an arc length of 19.88 feet, and a long chord bearing N 56°45’44” E, 19.74 feet, to a calculated point at the end of this curve; 3.N 68°09’00” E, 244.36 feet, to a calculated point for an interior corner of this tract; 4.N 21°51’00” W, 523.93 feet, to a calculated point in the north boundary line of said 101.242 acre tract and in the south right-of-way line of said County Road 152; THENCE with the south right-of-way line of said County Road 152 and with north boundary line of said 101.242 acre tract, for the following calls: 1.N 69°47’28” E, 902.65 feet, to an iron rod found; 2.N 68°36’43” E, 30.29 feet, to the POINT OF BEGINNING and containing 96.05 acres of land, more or less. NOTES: The bearings and distances recited herein are grid values derived from GPS observations based on the NAD 1983 (2011 datum) State Plane Coordinate System, Texas Central Zone (4203). The average Combined Correction Factor (CCF) is 0.9998687. __________________________________________ Luther E. Frobish Registered Professional Land Surveyor State of Texas No. 6200 08/15/2022 08/15/2022 1 FIELD NOTES 5.19 ACRES WILLIAMSON COUNTY, TEXAS BEING 5.19 acres of land out of the JOHN BERRY SURVEY, Abstract No. 51, Williamson County, Texas, and being part of a called 101.242 acre tract of land described in a deed to GT BERRY SPRINGS, LLC, recorded in Document No. 2021116108, OPR (Official Public Records of Williamson County, Texas), and being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found in the south right-of-way line of County Road 152, for the most northerly corner of said 101.242 acre tract and being at the northwest corner of a called 1.998 acre tract of land described in a deed to JEFFREY P. KAMALA D. GREIF, recorded in Document No. 2017003572, OPR; THENCE with the south right-of-way line of said County Road 152 and with the north boundary line of said 101.242 acre tract, for the following calls: 1.S 68°36’43” W, 30.29 feet, to an iron found; 2.S 69°47’28” W, 902.65 feet, to a calculated point for the POINT OF BEGINNING and the northeast corner of this tract; THENCE across and upon said 101.242 acre tract, for the following calls: 1.S 21°51’00” E, 523.93 feet, to a calculated point for the southeast corner of this tract; 2.S 68°09’00” W, 244.36 feet, to a calculated point for the beginning of a curve to the left; 3.With said curve to the left, having a radius of 50.00 feet, an arc length of 19.88 feet, and a long chord bearing S 56°45’44” W, 19.74 feet, to a calculated point for the southwest corner of this tract; 4.N 52°52’11” W, 50.56 feet, to an iron rod found for the east corner of a called 2.64 acre tract of land described as Tract Two in a deed to DAVID LEE WHITEAKER, recorded in Document No. 2020008944, OPR; THENCE N 52°52’11” W, 575.43 feet, with the northeast boundary line of said Tract Two, to an iron rod found in the south right-of-way line of said County Road 152, for the north corner of said Tract Two; THENCE with the south right-of-way line of said County Road 152 and with north boundary line of said 101.242 acre tract, for the following calls: 1.N 66°27’35” E, 140.25 feet, to an iron rod found; 2.N 69°47’28” E, 446.30 feet, to the POINT OF BEGINNING and containing 5.19 acres of land, more or less. NOTES: The bearings and distances recited herein are grid values derived from GPS observations based on the NAD 1983 (2011 datum) State Plane Coordinate System, Texas Central Zone (4203). The average Combined Correction Factor (CCF) is 0.9998687. __________________________________________ Luther E. Frobish Registered Professional Land Surveyor State of Texas No. 6200 08/15/2022 08/15/2022 11/16/2021 1 EXHIBIT “B” FIELD NOTES 3.68 ACRES WILLIAMSON COUNTY, TEXAS BEING 3.68 acres of land out of the JOHN BERRY SURVEY, Abstract No. 51, Williamson County, Texas, and being part of County Road 152, and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod found in the south right-of-way line of County Road 152, for the most northerly corner of a called 101.242 acre tract of land described in a deed to GT BERRY SPRINGS, LLC, recorded in Document No. 2021116108, OPR (Official Public Records of Williamson County, Texas), and being at the northwest corner of a called 1.998 acre tract of land described in a deed to JEFFREY P. KAMALA D. GREIF, recorded in Document No. 2017003572, OPR, for the southeast corner of this tract; THENCE with the south right-of-way line of said County Road 152, for the following calls: 1.S 68°36’43” W, 30.29 feet, with the north boundary line of said 101.242 acre tract, to an iron found; 2.S 69°47’28” W, 1348.96 feet, continuing with the north boundary line of said 101.242 acre tract, to an iron found for the east corner of a called 0.01 acre tract of land described in a deed to WILLIAMSON COUNTY, recorded in Document No. 2003123591, OPR; 3.S 66°27’35” W, 140.25 feet, continuing with the north boundary line of said 101.242 acre tract and the south boundary line of said 0.01 acre tract, to an iron found for the southwest corner of said 0.01 acre tract and for the northeast corner of a called 2.64 acre tract described as Tract Two in a deed to DAVID LEE WHITEAKER, recorded in Document No. 2020008944, OPR, and for the southeast corner of a called 0.05 acre tract of land described in a deed to WILLIAMSON COUNTY, recorded in Document No. 2004001011, OPR; 4.S 66°50’11” W, 41.63 feet, with the north boundary line of said Tract Two and the south boundary line of said 0.05 acre tract, to an iron found at the beginning of a curve to the left; 5.With said curve to the left, having a radius of 760.00 feet, an arc length of 360.45 feet, and a long chord bearing S 56°53’55” W, 357.09 feet, part of the way with the common boundary line of said 0.05 acre tract and said Tract Two, and part of the way with north boundary line of a called 3.35 acre tract of land described as Tract One in said deed to DAVID LEE WHITEAKER, and with the south boundary line of a called 0.17 acre tract of land described in a deed to WILLIAMSON COUNTY, recorded in Document No. 2003123590, OPR, to an iron rod found at the end of this curve and the beginning of another curve to the left, for the northwest corner of said Tract One and for the southwest corner of said 0.17 acre tract and for the southeast corner of a called 0.07 acre tract of land described in a deed to WILLIAMSON COUNTY, recorded in said Document No. 2003123591, OPR, and for a northerly corner of said 101.242 acre tract; 6.With said curve to the left, having a radius of 760.00 feet, an arc length of 94.00 feet, and a long chord bearing S 38°24’28” W, 93.94 feet, with the common boundary line of said 0.07 acre tract and said 101.242 acre tract, to an iron rod found for the end of this curve; 7.S 35°03’19” W, 21.97 feet, continuing with the north boundary line of said 101.242 acre tract and the south boundary line of said 0.07 acre tract, to a calculated point in the approximate centerline of Dry Berry Creek, for the northwest corner of said 101.242 acre tract and for an easterly corner of a tract of land described in a deed to WILLIAMSON COUNTY, recorded in Document No. 2011066293, OPR, for the southwest corner of this tract; 2 THENCE N 37°49’12” W, 229.78 feet, along the approximate centerline of said Dry Berry Creek, across and upon said County Road 152, to a calculated point in the approximate centerline of said Dry Berry Creek and in the north right-of-way line of said County Road 152, for the southwest corner of a called 5.062 acre tract of land described in a deed to RALPH POYO & SUSAN RICKE POYO, recorded in Document No. 2020165413, OPR, for the northwest corner of this tract; THENCE with the north right-of-way line of said County Road 152, for the following calls: 1.N 69°45’03” E, 751.98 feet, with the south boundary line of said 5.062 acre tract, to an iron rod found for the southeast corner of said 5.062 acre tract and for the southwest corner of a called 10.24 acre tract of land described in a deed to ANNA MORSE DODGE, recorded in Volume 770, Page 405, OPR; 2.N 70°22’04” E, 816.46 feet, with the south boundary line of said 10.24 acre tract, to an iron rod found for the southeast corner of said 10.24 acre tract and for the southwest corner of a called 9.000 acre tract of land described in a deed to CHRIS LAROCHELLE and HAYDEN LAROCHELLE, recorded in Document No. 2016080260, OPR; 3.N 70°28’25” E, 379.80 feet, with the south boundary line of said 9.000 acre tract, to a capped iron rod found for the southeast corner of said 9.000 acre tract and for the southwest corner of a called 7.348 acre tract of land described in a deed to JOHN R. CURL, II and wife, CRISTY C. CURL, recorded in Document No. 2021115328, OPR; 4.N 70°27’03” E, 129.14 feet, with the south boundary line of said 7.38 acre tract, to a calculated point in the north right-of-way line of said County Road 152 for the northeast corner of this tract, from which an iron found bears N 70°27’03” E, 154.44 feet; THENCE S 19°32’57” E, 53.29 feet, across and upon said County Road 152, to the POINT OF BEGINNING and containing 3.68 acres of land, more or less. NOTES: The bearings and distances recited herein are grid values derived from GPS observations based on the NAD 1983 (2011 datum) State Plane Coordinate System, Texas Central Zone (4203). The average Combined Correction Factor (CCF) is 0.9998687. __________________________________________ Luther E. Frobish Registered Professional Land Surveyor State of Texas No. 6200 11/16/2021