HomeMy WebLinkAboutORD 2023-32 - Hudson Annexation and ZoningOrdinance No. 267-3 - 3Z
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 Local Commercial (C-1) of
certain territory consisting of 5.69 acres, more or less, in the Francis A. Hudson
Survey Abstract No. 295 for the property generally located at 2400 FM 1460, as
described herein; repealing conflicting ordinances and resolutions; including a
severability clause; and establishing an effective date.
Whereas, the owner of 5.69 acres, more or less in the Francis A. Hudson Survey Abstract
No. 295 shown on the location map attached hereto as Exhibit A and described and depicted
Exhibit B attached hereto and by this reference incorporate herein (the "Property"), has requested
annexation of the property 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 Hariharan Kuppuraj for the property
on February 28, 2023; 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
5.69 acres in the Francis A. Hudson Survey Abstract No. 295, as shown in Exhibit A and as
described in Exhibit B of this ordinance (the "Property"). The Property is hereby included in City
Council District 7, as it is adjacent to Council District 7 and no other City Council Districts. The
City's official boundary map and City Council Districts map shall be amended accordingly.
Section 3. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Ordinance No. ZOLI - 32- Page 1 of 2
Hudson Develop?nent 5.69 acres 2022-16-ANX
Date Approved: RA t
-Is I Z07's Exhibit A,B,C attached
Council hereby finds that a zoning classification of Local Commercial (C-1) is appropriate for the
Property and consistent with the City's Comprehensive Plan, and upon annexation the Property
shall have a zoning of Local Commercial (C-1). 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 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 9th day of May.
Passed and A
The City of
Josh Sc
Mayor
Approved as
Skye asso
City Attorney
on Second Reading on the 23rd day of May.
Attest:
Robyn E*nsmore, TRMC
City Secretary
Ordinance No.Page 2 of 2
Hudson Development 5.69 acres 3 2022-16-ANX
Date Approved: %Ao, 231 Exhibit A,B,C attached
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TITLE SURVEY
OF 5.690 ACRES t OUT OF
THE F.A. HUDSON SURVEY,
ABSTRACT 295. WILLIAMSON COUNTY, TEXAS
DOCUMENT NO.2021147418
OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY. TEXAS
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Lone Wolf Land Surveying, LLC
EXHIBIT B 163 Cool Water Drive
4!! Bastrop, TX 78602
512-718-5868
LONG WOLF Lonewolflandsurveying.com
TBPELS Reg. No:10194675
FIELD NOTE DESCRIPTION
Survey for: 2400 FM 1460 Georgetown TX
BEING A 5.690 ACRE TRACT OF LAND OUT OF THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO.295, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 5.690 ACRE TRACT
BEING ALL OF THAT CALLED 5.69 ACRE TRACT OF LAND CONVEYED TO HARITHARAN
KUPPURAJ, AS RECORDED IN DOCUMENT NO. 2021147418, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 5.690 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at an angle point in the southeast line of the remainder of a
called 21.584 acre tract of land conveyed to John D. Giddings and Anne M. Giddings, as recorded in
Document No. 2010081889, Official Public Records of Williamson County, Texas, for the west corner
of the herein described tract, the same being the west corner of said 5.69 acre tract;
THENCE, with the common line of said Giddings remainder tract and said 5.69 acre tract, for the
northwest line of the herein described tract, N 68041'13" E, a distance of 619.40 feet to a 1/2" iron
rod with pink cap stamped "TLS" found in the southwest margin of F.M. 1460, for the north corner of
the herein described tract, also for the west corner of that tract conveyed to the State of Texas by
Cause, as recorded in Document No. 13-1723-CC1, Official Public Records of Williamson County,
Texas, the same being the accepted east corner of said Giddings remainder tract, the same also
being the north corner of said 5.69 acre tract, from which a TxDOT Type II right-of-way marker with
aluminum cap found bears, N 20045'14" W, a distance of 378.88 feet;
THENCE, with the southwest margin of F.M. 1460, same being the common line of said 5.69 acre
tract and said State of Texas tract, for the northeast line of the herein described tract, S 20°45'14" E,
a distance of 400.27 feet to a 1/2" iron rod with pink cap stamped "TLS" found for the east corner of
the herein described tract, the same being the south corner of said State of Texas tract, the same
also being the east corner of said 5.69 acre tract, and the same also being the northerly most corner
of Lot 1, Block C, Teravista Section 401 Phase 2, a subdivision recorded in Document No.
2016112499, Official Public Records of Williamson County, Texas, from which a 5/8" iron rod with cap
stamped "BURY" found for the northeasterly most corner of said Lot 1 bears, S 20045'14" E, a
distance of 20.00 feet;
THENCE, leaving the southwest margin of F.M. 1460, with the common line of said 5.69 acre tract
and said Lot 1, for the southeast line of the herein described tract, S 68043'10" W, a distance of
619.59 feet to a 1/2 iron rod found for an angle point in the southeast line of said Giddings remainder
tract, same being the south corner of said 5.69 acre tract, and the same also being the south corner
of the herein described tract;
Lone Wolf Land Surveying, LLC
163 Cool Water Drive
Bastrop, TX 78602
512-718-5868
LONE WOLF Lonewolflandsurveying.com
TBPELS Reg. No:10194675
THENCE, leaving the northwest line of said Lot 1, with the common line of said 5.69 acre tract and
said Giddings remainder tract, for the southwest line of the herein described tract, N 20043'37" W,
a distance of 399.92 feet to the POINT OF BEGINNING, having an area of 5.690 acres, or
247,848 square feet.
All bearings and distances are based on State Plane Coordinate System, Texas Central Zone, NAD
1983.
This description to accompany a plat of like date representing an on the ground survey in the month
of August 2022, supervised by me Matthew Lee Taylor, Registered Professional Land Surveyor.
August 18, 2022
Matthew Lee Taylor
RPLS No. 6848
Job #2022-121
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND HARIHARAN KUPPURAJ
This Municipal Services Agreement ("Agreement") is entered into on the day of
A�f As
, 2023 by and between the City of Georgetown, Texas, a home -rule
municipality o he State of Texas ("City") and Hariharan Kuppuraj ("Owner").
RECITALS
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 2400 FM 1460, which
consists of approximately 5.69 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. 2022-16- 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 hcrcin, 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.
Hudson Development (2022-16-ANX) Municipal Service Agreement
I
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 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. Pl_annine 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
Hudson Development (2022-16-AN7) Municipal Service Agreement
2
will cover the direct and indirect costs of stormwater management
services.
viii. Streets, Roads, and Street Li lg sting — 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 Aiuiexed 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.
Hudson Development (2022-16-ANM Municipal Service Agreement
3
C. The City may impose a fee for any municipal service in the area annexed
if the same type of fee is imposed within the corporate boundaries of the
City. All City fees are subject to revision from time to time by the City in
its sole discretion.
d. It is understood and agreed that the City is not required to provide a
service that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority
and legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, term or provision,
and the rights of the parties will be construed as if the part, 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
tern 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.
Hudson Development (2022-16-ANX) Municipal Service Agreement
4
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the
parties, their successors, and assigns. The term of this Agreement constitutes
covenants running with the land comprising the Property, is binding on the Owner
and the City, and is enforceable by any current or future owner of any portion of
the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
M.
Hudson Development (2022-16-ANX) Municipal Service Agreement
5
Approved as to Form:
_A�—_
Skye Masson "
City Attorney
Attest:
Robyn ismore, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the OCCi day of &"aUj,, 20Z�,
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal corporate , on behalf
of said corporation.
By. 9 VAREN FROST
Notary ID # 1053608-4
Notary Public, State of Texas i fp My Commission Expires
'For `I May 24, 2024
Hudson Development (2022-16-ANX) Municipal Service Agreement
6
(OWNER 1)
By:
Hariharan Kuppuraj
Owner
Con necfi cu � -
State of Xe*as-
County of > p rj §
This instrument was
any)] on behalf o n
where aDDlicabl 1.
Notary Public, State of Tomas
soh wt,O&D r
before me on the_day of , 20,?3 by
R of [Name of individual signing, title (if
[insert name of company or individual
an n ce- I-)'C4—
y AMARILDA HIDA
NOTARY PUBUG. SIATE OF CONNECf1CUT
thf Canmisslon wims odow 31 20?5
Hudson Development (2022-16-ANX) Municipal Service Agreement
7
EXHIBIT C
Hudson Development (2022-16-ANX) Municipal Service Agreement
EXHIBIT C
TITLE SURVEY
OF 5.690 ACRES t OUT OF
THE F.A. HUDSON SURVEY,
ABSTRACT 295, WILLIAMSON COUNTY, TEXAS
DOCUMENT NO.202114741E
OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
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LONE WOLF
Lone Wolf Land Surveying, LLC
EXHIBIT C 163 Cool Water Drive
Bastrop, TX 78602
4t 512-718-5868
LONG WOLF Lonewolflandsurveying.com
TBPELS Reg. No:10194675
FIELD NOTE DESCRIPTION
Survey for: 2400 FM 1460 Georgetown TX
BEING A 5.690 ACRE TRACT OF LAND OUT OF THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO.295, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 5.690 ACRE TRACT
BEING ALL OF THAT CALLED 5.69 ACRE TRACT OF LAND CONVEYED TO HARITHARAN
KUPPURAJ, AS RECORDED IN DOCUMENT NO. 2021147418, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 5.690 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at an angle point in the southeast line of the remainder of a
called 21.584 acre tract of land conveyed to John D. Giddings and Anne M. Giddings, as recorded in
Document No. 2010081889, Official Public Records of Williamson County, Texas, for the west corner
of the herein described tract, the same being the west corner of said 5.69 acre tract;
THENCE, with the common line of said Giddinas remainder tract and said 5.69 acre tract, for the
northwest line of the herein described tract, N 68°41'13" E, a distance of 619.40 feet to a 1/2" iron
rod with pink cap stamped "TLS" found in the southwest margin of F.M. 1460, for the north corner of
the herein described tract, also for the west corner of that tract conveyed to the State of Texas by
Cause, as recorded in Document No. 13-1723-CC1, Official Public Records of Williamson County,
Texas, the same being the accepted east corner of said Giddings remainder tract, the same also
being the north corner of said 5.69 acre tract, from which a TxDOT Type II right-of-way marker with
aluminum cap found bears, N 20045'14" W, a distance of 378.88 feet;
THENCE, with the southwest margin of F.M. 1460, same being the common line of said 5.69 acre
tract and said State of Texas tract, for the northeast line of the herein described tract, S 20045'14" E,
a distance of 400.27 feet to a 1/2" iron rod with pink cap stamped "TLS" found for the east corner of
the herein described tract, the same being the south corner of said State of Texas tract, the same
also being the east corner of said 5.69 acre tract, and the same also being the northerly most corner
of Lot 1, Block C, Teravista Section 401 Phase 2, a subdivision recorded in Document No.
2016112499, Official Public Records of Williamson County, Texas, from which a 5/8" iron rod with cap
stamped "BURY" found for the northeasterly most corner of said Lot 1 bears, S 20045'14" E, a
distance of 20.00 feet;
THENCE, leaving the southwest margin of F.M. 1460, with the common line of said 5.69 acre tract
and said Lot 1, for the southeast line of the herein described tract, S 68°43'10" W, a distance of
619.59 feet to a 1/2 iron rod found for an angle point in the southeast line of said Giddings remainder
tract, same being the south corner of said 5.69 acre tract, and the same also being the south corner
of the herein described tract;
Lone Wolf Land Surveying, LLC
163 Cool Water Drive
Bastrop, TX 78602
512-718-5868
LON6 WOLF Lonewolflandsurveying.com
TBPELS Reg. No:10194675
THENCE, leaving the northwest line of said Lot 1, with the common line of said 5.69 acre tract and
said Giddings remainder tract, for the southwest line of the herein described tract, N 20°43'37" W,
a distance of 399.92 feet to the POINT OF BEGINNING, having an area of 5.690 acres, or
247,848 square feet.
All bearings and distances are based on State Plane Coordinate System, Texas Central Zone, NAD
1983.
This description to accompany a plat of like date representing an on the ground survey in the month
of August 2022, supervised by me Matthew Lee Taylor, Registered Professional Land Surveyor.
August 18, 2022
Matthew Lee Taylor
RPLS No. 6848
Job #2022-121