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Home My WebLink AboutORD 2023-33 - Daycare Annexation and ZoningOrdinance No. 2-0.2� - 3 ' 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 Neighborhood Commercial (CN) of certain territory consisting of .929 acres, more or less, in the David Wright Survey Abstract No. 13 and portions of right-of-way on Bootys Crossing Road, as described herein; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owner of .929 acres, more or less in the David Wright Survey Abstract No. 13 shown on the location map attached hereto as Exhibit A and described and depicted Exhibit B=1 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 MushroomLoaf LLC for the property on January 24, 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, 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 side of the county road; and Whereas, the Property abuts a portion of Bootys Crossing Road, particularly the approximately .288-acre portion described and depicted in Exhibit B-2 attached hereto and incorporated herein (Bootys Crossing 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. ZD j-3 — 3 S Ants to Elephants Daycare .929 acres Date Approved: Page 1 of 2 2022-13-ANX Exhibit A,B,C attached Section 2. The City Council of the City of Georgetown hereby annexes into the city limits .929 acres in the David Wright Survey Abstract No. 13, as shown in Exhibit A and as described in Exhibit B-1 of this ordinance (the "Property"), as well as the .288 acre of Bootys Crossing ROW described and depicted in Exhibit B-2 of this ordinance. The Property is hereby included in City Council District 2, as it is adjacent to Council District 2 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 Neighborhood Commercial (CN) is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Neighborhood Commercial (CN). 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 13th day of June. Passed and Approved on Second Reading on the 2711 day of June. The City of Georgetown: Ordinance No. 2A2-15 -3 3 Ants to Elephants Daycare .929 acres Date Approved: Attest: Page 2 of 2 2022-13-ANX Exhibit A,B,C attached Josh Schroeder I/ Mayor Approved as to SWoQS�� - - can L;V.,L s (K-S*, City Attorney Ordinance No. Zoz3 "33 Ants to Elephants Daycare .929 acres Date Approved: 7 (2,ds-A- �—v Robyn4Dsnm�c'lre, TRMC City Secretary Page 3 of 2 2022-13-ANX Exhibit A,B,C attached EXHIBIT B-1 SURVEYING CELC�O' 1eO'S OVZMWK UW, SM 106 1nlm"5 SURVEY PLAT SAN A2TM0. Ts 7=9 Fl TR30-214-5109 eddlerenl com Rnr.txleoetttY .com SCALE 1. MILTON LIESE do EUZASM UESE 174.E N9277'02�E eNlnevC 0.929 ACRES 911 o .S a,.0 1 t c 1. 7f.0 '1 p�Ji_s�� 1 _ eera. Hou ro Gov E e Gov. wuO�CK 5 J. HARDIE. LLC. oM C zo DOC. NO. 2D17039812 0.929 ACRES CGRA n4 Q o} r i + 1/4.00 SE2�OOO�W r PCB ROAD g00-yS CROSSING LEGEND • IRON ROD FOUND o - IRON ROD SET POS - FONT OF BEGINNING ®- CLEAN OUT - MANHOLEC�- O - SIGN Q - WVATEIR ►ETO E/M - ELECTRIC METER A a - POWER POLE (r- t- - O/H POWERUNE t— - GUY WIRE ANCHOR ®- AIR CONDITIONER -AA- - Woo= FENCE - - CHAIN LINK FENCE -+- . WIRE FENCE ADDIMSS. 1134 BOOTYS CROSSING ROAD, 0WR0EIDYYH, TEXAS LEGAL DESCI UMON: 8WO A 0.On ACRE TRACT OR PARCEL OF LAND STRIATED 1N WWANSON COUNTY. TEXAS AND 11MG OUT AND A PART OF THE DAUB tRLCHT SURVEY, ABSTRACT Na 11 KMAUSM COUNTY. MCk% AND BOW THE SAYE TRACT OF LAND COW& eM TO ELIZASM ANNE VOULDS N D=A(D T N0. 2017014079. OMCIAL R1BLIC RECORDS WWAMSON COUNT. TE71A& SEE HDWIBIT'A7 ATTACHED HERETO AND WADE A PART HEREOF. CATEGORY LA CERTIFICATION THE UNDERSCHED DOES HEIMY CERTIFY TC THE PARTIES USTEI) BEWWW THIN THIS SURVEY�4� TEXAS SOCIETY OF PROFFSSHONN. SIFNEYORS � ..�F... P � T :' SVESTANTULLLY GOYPLrS W:TF1 THE Ct1RRfXT 4ANUAL OF PRALTIC£ R£QUTRaerm FOR A CATEGORY to TSPS WAD TITLE SURVEY. C^LOrx F. W A9 1 + : O ' ` °' BUYER ANTS TO ELEPHANTS DAYCARE c _ .• ' TTTTE CO: PRIORTIY TTTLE 00UPANY J G.F. : 042217734 LENDER: N/A PLAN No.:2=_9203 SURVEY DATE: JUNE 6. 2022 (; D4cE G Lucas arts 4160 EXHIBIT B-1 EXHIBIT A LEGAL DESCRIPTION FIELD NOTE DESCRIPTION TRACT FOR A 0.929 ACRE TRACT OF LAND: BEING A 0.929 ACRE TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT AND A PART OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, WILLIAMSON COUNTY, TEXAS. AND BEING THE SAME TRACT OF LAND CONVEYED TO ELIZABETH ANNE MOULDS IN DOCUMENT NO, 2017014079, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.929 ACRES OF LAND, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an iron rod set on the north right-of-way line of Booty's Crossing Road for the southeast corner of a tract of land conveyed to S. J. Hardie, LLC., in a deed recorded in Document No. 2017039812. Official Public Records, Williamson County, Texas, for the southwest corner and POINT OF BEGINNING of herein described tract: THENCE with the west line of this tract and east line of the S. J. Hardie, LLC., Tract, North 07058'32" West a distance of 232.26 feet to an iron rod found on the south line of a tract of land conveyed to Milton Liese and Elizabeth Liese, Vlfilliamson County, Texas, for the northwest corner of this tract; THENCE with the north line of this tract and the south line of the Milton Liese and Elizabeth Liese Tract, North 82017'02" East a distance of 174.58 feet to an iron rod found for the northeast comer of this tract; THENCE with the east line of this tract and the south line of the Milton Liese and Elizabeth Liese Tract, South 07050'01" East a distance of 231.91 feet to an iron rod found on the north right-of-way line of Booty's Crossing Road for the southeast comer of this tract; THENCE with the south line of this tract and the north right-of-way line of Booty's Crossing Road, South 8201 0'00"West (bearing basis) a distance of 174.00 feet to the POINT OF BEGINNING, containing 0.929 acres of land, more or less. Commonly Known As: 1134 Bootys Crossing Rd, Georgetown, TX 78628 APN: R038752 PPOJECTF�227647 u WPICHi Sl)' ABS 1J 92 AC - 113-1 BOO MAN 1 V 1,51, P25-L Feo IQ 2u23 - J.�•� pm r?uylor 0.288 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 AND BEING THAT PORTION OF THE RIGHT—OF—WAY FOR BOOTYS CROSSING ROAD ADJACENT AND PERPENDICULAR TO A CALLED 0.929 ACRES, CONVEYED TO MUSHROOMLOAF, LLC, AND DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NO. 2022097777 OF THE OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND FURTHER DESCRIBED BY ACCOMPANYING METES AND BOUNDS (SEE PAGE 1 OF 2 ATTACHED). 0 0 C m, Ln Z C_ O-O �ZN y �]0J 0 �N)n M n 0 ;U J Ln O� n w W N s YELLOW CAP CCC 4835 RIGHT-OF-WAY SURVEY YELLOW CAP—, CCC 4835 1 M C` TTLE/PIPE FENCE (TYP.) I MUSHROOMLOAF, LLC (0.929 ACRES) DOCUMENT NO. 2022097777 0.P.R.W.C. FENCE POINT DF- (TYP.) ASPHALT DRIVE BEGINNING *(N 82' 1 O'00" E 174.00 ) 1 N 80'20'57" E Q 174.00' GRAVEL — DRIVE (R.O.W. VARIES)Na '/ .41 1134 BOIDWS CROSSING ROADPAVED ROAD w v LOT K - ASPHALT I 0.288 DRIVE ACRES W U) LU J N = N r W Cn M W O N U W LU Q O �Q � U 0)>� W � � C0 Lj W_ D_ O z Of O 0 J 9 O 2�� J cD O 0 w� 00 n ,. 0 O O �— . 1 74.02 S 79'31'09" W **(S 81-23'00" W NO RECORD DISTANCE) ASP DRIVEVE (`—ASPHALT MT I DRIVE OAK CREST ESTATES UNIT I CABINET B, SLIDE 79 �- g LG P.R.W.C. c JOB NO: 221641 DRAWN: RJT F.C.: CC PAGE 2 OF 2 Scale: 1 " = 50' BEARINGS CITED HEREON BASED ON STATE PLANE COORDINATES, GRID NORTH, CENTRAL ZONE, TEXAS NAD 83. LINE TABLE NUMBER DIRECTION DISTANCE L1 N 79'31'09" E 3.08, L2 S 79'31'09" W 22.86' LEGEND 1/2" IRON ROD FOUND UNLESS OTHERWISE NOTED) + CALCULATED POINT FENCE POST UTILITY POLE —ET— ELECTRIC/TELEPHONE LINES PAVEMENT o.R.w.c. OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS o.P.R.w.C. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS P.R.W.c. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS RECORD INFORMATION p MAILBOX R.o.w. RIGHT-OF-WAY WATER METER SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. OTHER EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON MAY AFFECT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON § THAT SURVEYOR FOR TEXAS LAND SURVEYING, INC., HAVE THIS DATE CAUSED TO BE PERFORMED AN ON -THE -GROUND SURVEY UNDER MY SUPERVISION OF THE FOREGOING TRACT OF LAND AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, ENCROACHMENTS, VISIBLE UTILITY LINES OR ROADS IN PLACE. AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON. �xas Zand'1Su?wf'qt-nj., c-Inc. -A Land Surveying Firm- 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600 www.texas-Is.com TBPLS FIRM NO.10056200 THIS AREA DOES NOT APPEAR TO BE IN A SPECIAL FLOOD HAZARD AREA PER FEMA'S FLOOD INSURANCE RATE MAP #48491 CC290E. DATED SEPT. 26. 2008, THIS STATEMENT IS NOT MADE IN LIEU OF AN ELEVATION CERTIFICATE. IF THIS DOCUMENT DOES NOT CONTAIN THE STAMP AND SEAL OF THE UNDERSIGNED SURVEYOR, IT IS AN UNAUTHORIZED/ILLEGAL COPY, I Witness my haand seal this the TEXAS LAND SURVEYING, INC. ASSUMES NO LIABILITY FROM THE USE OF ANY UNAUTHORIZED/ILLEGAL DOCUMENT. 4th Day of Jbnuory. 2023 A.D. EXHIBIT B-2 FIELD NOTES JOB NO. 221641-00 DATE: 2-10-2023 PAGE 1 OF 2 0.288 ACRES — EXHIBIT TO ACCOMPANY FIELD NOTES BEING 0.288 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 AND BEING THAT PORTION OF THE RIGHT-OF-WAY FOR BOOTYS CROSSING ROAD ADJACENT AND PERPENDICULAR TO A CALLED 0.929 ACRES, CONVEYED TO MUSHROOMLOAF, LLC, DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NO. 2022097777 OF THE OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AS SURVEYED ON THE GROUND ON THIS, THE 4TH DAY OF JANUARY, 2022, BY TEXAS LAND SURVEYING, INC., AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Y2" iron rod, found in the north margin of Bootys Crossing Road, for the southwest corner of a called 57.4941 acres, conveyed to Milton Liese and Elizabeth Liese, according to the Williamson County Central Appraisal District, with a property I.D. of R038722, and described in a Warranty Deed recorded in Volume 4230, Page 231 (Document No. 19684230) of the Deed Records, Williamson County, Texas, the southeast comer of said Mushroomloaf, LLC tract, and the northeast comer of this parcel, from which a %" iron rod with yellow cap stamped "CCC 4835", found in the west line of said Liese tract, for and angle point, and the northeast comer of said Mushroomloaf, LLC tract, bears N 0903621" E, 231.55 feet; THENCE S 09039'03" E, 70.80 feet crossing Bootys Crossing Road, to a calculated point in the north line of Oak Crest Estates Unit I, a subdivision in Williamson County, Texas, according to the plat thereof, recorded in Cabinet B, Slides 79 of the Plat Records, Williamson County, Texas, for the southeast comer of this parcel, from which a %7 iron rod found in the south margin of Bootys Crossing Road and the north line of said Oak Crest Estates Unit I, for the northeast comer of Lot 8, Block A of said Oak Crest Estates Unit I, bears N 79031'09" E, 3.08 feet; THENCE S 79031'09" W, 174.02 feet along the north line of said Oak Crest Estates Unit I, the south margin of Bootys Crossing Road, and this parcel, to a calculated point, for the southwest comer of this parcel, from which a'/V iron rod, found in the south margin of Bootys Crossing Road, for the northwest corner of Lot 9, Block A of said Oak Crest Estates Unit I, bears S 79031'09" W, 22.86 feet; THENCE N 09139'03" W, 73.32 feet crossing Bootys Crossing Road, to a calculated point in the east line of a called 0.6427 acres, conveyed to S J Hardie, LLC in a Warranty Deed recorded under Document No. 2017039812 of said Official Public Records, and described in an Independent Executor's Distribution Deed recorded under Document No. 2016086461 of said Official Public Records, and the north margin of Bootys Crossing Road, for the southwest comer of said Mushroomloaf, LLC tract, and the northwest comer of this parcel, from which a'/.' iron rod with yellow cap stamped "CCC 4835", found in the west line of said Liese tract, for the northwest corner of said Mushroomloaf, LLC tract, bears N 09038'37" W, 232.26 feet; THENCE N 80020'57" E. 174.00 feet along the north margin of Bootys Crossing Road, the south line of said Mushroomloaf, LLC tract, and the north line of this parcel, to the Point of Beginning, and containing a computed area of 0.288 acres, more or less. Bearings cited hereon based on Grid North Texas State Plane Coordinate System Central Zone (NAD83) - OF aTpR . / 4F/l/*�o'r t WILLIAM C. STcNART Willi m C. 5 (rt, RPLS No 5785 ?�5785..Tvi State of Teas -) ' FEs as P, ,SU cJexas Zani&ry yin(S, Jnc. 3613 Williams Drive, Suite 903 — Georgetown, Texas 78628 (512) 930-1600 www.texas-is.com TBPLS FIRM No.10056200 https://d. docs.live. nebd37eb8bg768ed6a7/Documents/221641 FIELD NOTES 0 288 ACRES.odt EXHIBIT C MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND MUSHROOMLOAF LLC This Municipal Services Agreement ("Agreement") is entered into on the day of April, 2023 by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and MushroomLoaf LLC ("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 1134 Bootys Crossing Road, which consists of approximately .92 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 -13- 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. Ants to Elephants Childcare Center (2022-13-ANX) Municipal Service Agreement 1 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. Planning and Development Quildine 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. Libra — 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 Ants to Elephants Childcare Center (2022-13-ANX) Municipal 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 Anotlier 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. Ants to Elephants Childcare Center (2022-13-ANX) Municipal Service Agreement 3 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. 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. S. 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 or to assert any such right on any future occasion. Ants to Elephants Childcare Center (2022-13-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 Lb -A Josh'si Mayor Ants to Elephants Childcare Center (2022-13-AN7) Municipal Service Agreement 5 Approved as to Form: 'a'. '-- Skye sson City Attorne Attest: Robyn D smore, TRMC City Secretary State of Texas § County of Williamson § { This instrument was acknowledged before me on the I —1 day of �� , 20 <J by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipa orporation, on behalf of said core ration. BY: Notary Public, State of Texas :=i°•' Y"� : LINDARUTHWHITE My of ID # 124936123 N+�' Expires May 24, 2024 Ants to Elephants Childcare Center (2022-13-ANX) Municipal Service Agreement 6 (OWNER 1) /j By: i thryn AI .under I anagi ng Member of MushroomLoaf LLC State of Texas § County of L i)l1h Ill �,'n § This instrument was acknowledged before me on the -'-'- _ / ' day of Ma ,` ,Z , 2023, by Kathryn A exander. ivla aging 'ember on behalf of MushroomLoaf LLC. Notary Public, State of Texas SAMANMJOYCE SUBLEIT My Nolay lD #13100 = EON February 18, 2U5 Ants to Elephants Childcare Center (2022-13-ANJ) Municipal Service Agreement EXHIBIT A Ants to Elephants Childcare Center (2022-13-ANX) Municipal Service Agreement EXHIBIT C YING CEI.c�o' 50018 GVERLOOR WW. SORE I% f01S[T SURVEY PLAT ITT A1Tibt'Db. MM 7� l�com TF1 930-214-5108 0�t; SCALE MILTON LIESE ec EUZASEW LIESE 174.58 N92-17'02'E eN�c 0.929 ACRES v f ru i: w c rva o 'quo= + M C v e' c ,GAVE-5TORY BRtt* NOUS£ R c3 E5 e• are. 1�r N 00 S. J. HARDIE. LLC- m DOG- NO. 2D17039812 0.929 ACRES cov. CAA n. o> 1Q I; r 174.00 S8210'00_ W r r POB r ROAD BOOnrS CROSSING LEGEND a r IRON ROD FOUND o - IRON ROD SET POS POINT OF BEGINNING A 0QFAN G SIGN 0 = WATER METER E/U - ELECTRIC METER �� a = POWER POLE l { = O/H POWERUNE (— = GUY WORE ANCHOR ®- AIR CONDITIONER --,Y- . WOOD FENCE - CHAN LINK FENCE -+- . WIRE FENCE ADDRESS: 1134 BOWS CROSSING RM. GWRGETOWN, TEXAS LEGAL DESCRlFnON: BEND A 0.On ACRE TRACT OR PARCEL tx LAID SITUATED IN NWIW50H COUNTY- TDTAS AND IWING MIT AND A PART OF THE DAVID VNCHT SURVEY, ABSTRACT RM 11 WULKU'XN OWNTY. TEXAS. AND BOW THE SAME TRACT of LAND CONE= TO EUZABEIH Pj4W 1f=M P7 DOCUP.01T HO. 201T014070. OFFICIAL PUIOIC ItECMM WUlAMSM COUNIY, TEI(A& S3: EIOIIBIT'A' ATTACHED HERETO AND WADE A PANT HEREOF. CATEGORY LA CERTIFICATION -t . ,OFF .F�. THE UNDERSGN£D DOES HER:MY CERTIFY TO THE PARTIES LISTED BEIDW TKAT TENS SURVEY SU MANTULLY CONPUES WTTN THE CVRRFM TEXAS SOCIETY OF PROEESS)0HAL SURVEYORS ',��° * ° itP uA.,qu1L OT PRACTICE R£OUIREM NTS E•OR A CATEGORY IA. TSPS LAND TITLE SURV C.,C.,EY. w-C&si c. ur .... � ...... �' •`O'ca:o,: 811YEFtANTS 7O £1FPFIAMTS DAYCARE n= CO.-Imm" TITLE COMPANY J G.F.s: "=177.% TENDER: N/A ;= N0.:2022-92W SURVEY DATE: DUNE 8. 2022 VoscE I. LUCAS NpJS 4160 EXHIBIT C EXHIBIT A LEGAL DESCRIPTION FIELD NOTE DESCRIPTION TRACT FOR A 0.929 ACRE TRACT OF LAND: BEING A 0.929 ACRE TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT AND A PART OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND CONVEYED TO ELIZABETH ANNE MOULDS IN DOCUMENT NO.2017014079, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 0.929 ACRES OF LAND, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an iron rod set on the north right -of --way line of Booty's Crossing Road for the southeast corner of a tract of land conveyed to S. J. Hardie, LLC., in a deed recorded in Document No. 2017039812. Official Public Records, Williamson County, Texas, for the southwest corner and POINT OF BEGINNING of herein described tract: THENCE with the west line of this tract and east line of the S. J. Hardie, LLC., Tract, North 07058'32" West a distance of 232.26 feet to an iron rod found on the south line of a tract of land conveyed to Milton Liese and Elizabeth Liese, Williamson County, Texas, for the northwest corner of this tract; THENCE with the north line of this tract and the south line of the Milton Liese and Elizabeth Liese Tract, North 82017'02' East a distance of 174.58 feet to an iron rod found for the northeast comer of this tract; THENCE with the east line of this tract and the south line of the Milton Liese and Elizabeth Liese Tract, South 07050'01" East a distance of 231.91 feet to an iron rod found on the north right-of-way line of Booty's Crossing Road for the southeast comer of this tract; THENCE with the south line of this tract and the north right-of-way line of Booty's Crossing Road, South 82010!00" West (bearing basis) a distance of 174.00 feet to the POINT OF BEGINNING, containing 0.929 acres of land, more or less. Commonly Known As: 1134 Bootys Crossing Rd, Georgetown, TX 78628 APN: R038752 EXHIBIT C 0 288 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. JOB NO: 221641 13 AND BEING THAT PORTION OF THE RIGHT—OF—WAY FOR BOOTYS CROSSING ROAD ADJACENT AND PERPENDICULAR TO A CALLED 0.929 ACRES, CONVEYED TO MUSHROOMLOAF, LLC, AND DESCRIBED IN A SPECIAL WARRANTY DEED DRAWN: RJT RECORDED UNDER DOCUMENT NO. 2022097777 OF THE OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY. TEXAS, AND FURTHER DESCRIBED BY ACCOMPANYING METES AND BOUNDS (SEE PAGE 1 OF 2 ATTACHED). F.C.: CC 0 O n C Furl — (n O Z O�0) U D 0 O �M0 ('1 i70; Jar 0— O CA LO co �v J` _YELLOW CAP _ CCC 4835 ii. t�0 N W co m IN * I WIRE FENCE (TYP.) r CATTLE/PIPE FENCE (TYP.) I. RIGHT-OF-WAY SURVEY PAGE 2 of 2 YELLOW CAP_ �•I CCC 4855 L I I NIA OIN zl MUSHROOMLOAF, LLC (0.929 ACRES) DOCUMENT NO_ 2022097777 O.P.R.W.0 POINT OF I DRIVEVE BEGINNING D +(N 82' 10'OO o E 174.00 ) N 80'20'57" E 174.00' GRAVEL--,�, DRIVE (R.a.W. VARIES) N 1134 BOOTn CROSSING ROADPAVM ROAD w !!r ur •�___ ur ASPHALT I 0 DRIVE.288 ACRES 2— _T 19*31 ,09" W +(S 81'23'OD" W NO RECORD DISTANCE) OAK CREST ESTATES UNIT 1 CABINET B, SLIDE 79 P R W C LU V) W J N S N Ld �CID M LLI O N_ U J Q LU ❑ Q U W cy LO LU W_ O Z It O d J !9 1J lO O . W� T) 00�' — :O 1 ASPHALT frl 1 DRIVE SPHALT DRIVE Scale: 1 " = 50' BEARINGS CITED HEREON BASED ON STATE PLANE COORDINATES, GRID NORTH, CENTRAL ZONE, TEXAS NAO 83. LNiE TAOIF NUMBER DIRECTION DISTANCE Ll N 79'31'09" E 3.08' L2 S 79'31'09" W 22.FIR LEGEND A 1/2-IRON ROD FOUND (UNLESS OTHERWISE NOTED) t CALCULATED POINT ■ FENCE POST UTILITY POLE —CI— ELECTRIC TELEPHONE LINES uL PAVEMENT O.R.W.C. OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS O P_R W C OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS P.R.W.C. PLAT RECORDS OF WILLIAMSON COUNTY TEXAS RECORD INFORMATION MAILBOX R.O.W. RIGHT—OF—WAY WATER METER SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. OTHER EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON MAY AFFECT. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON § THAT SURVEYOR FOR TEXAS LAND SURVEYING, INC., HAVE THIS DATE CAUSED TO BE PERFORMED AN ON —THE —GROUND SURVEY UNDER MY SUPERVISION OF THE FOREGOING TRACT OF LAND AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, ENCROACHMENTS, VISIBLE UTILITY LINES OR ROADS IN PLACE, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON cJ exas Zandc&?v�t-nS, clnc. —A Land Sirveying Firm- 3613 Williams Drive, Suite 903 — Georgetown, Texas 78628 (512) 930-1600 www.texas—Is.com TBPLS FIRM NO.10056200 r +IUS n,1:=UriE1 !? DOES DINT :;Ohi T_.1;! riE 5i:1FT ]hiL SE�'� OF n,C urIDEP-ziGI ED SIP E,i,, i1 iS AN Iji uW JIR17 =1.' �'_LE'._I _�"P Lc,hD SU[?aEnrlri, iri( as 111- -, •n ! a�n !r recn IMF U5I .,ru urI On c sltG^L_Ec,AL :.nrurlE•r mis AREA DOES NOT APPEAR TO BE IN A SPECWL FLOOD HAZARD AREA PER FEMA'S FLOOD INSURANCE PATE MAP d48491CO290E. DATED SEPT. 26. 2008. THIS STATEMENT IS NOT MADE IN UEU OF AN ELEVATION CERTIFICATE Witness my harZ and seal this the 4th Day of 43nuary. 2023 A.D. EXHIBIT C FIELD NOTES JOB NO. 221641-00 DATE: 2-10-2023 PAGE 1 OF 2 0.288 ACRES — EXHIBIT TO ACCOMPANY FIELD NOTES BEING 0.288 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 AND BEING THAT PORTION OF THE RIGHT-OF-WAY FOR BOONS CROSSING ROAD ADJACENT AND PERPENDICULAR TO A CALLED 0 929 ACRES, CONVEYED TO MUSHROOMLOAF, LLC, DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NO. 2022097777 OF THE OFFICAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AS SURVEYED ON THE GROUND ON THIS, THE 4TH DAY OF JANUARY, 2022, BY TEXAS LAND SURVEYING, INC., AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a''Y." iron rod, found in the north margin of Boolys Crossing Road, for the southwest comer of a called 57,4941 acres, conveyed to Milton Liese and Elizabeth Liese, according to the Williamson County Central Appraisal District, with a property I D. of R038722, and described in a Warranty Deed recorded in Volume 4230, Page 231 (Document No 19684230) of the Deed Records, Williamson County, Texas, the southeast comer of said Mushroomloaf, LLC tract, and the northeast comer of this parcel, from which a'/" iron rod with yellow cap stamped "CCC 4835", found in the west line of said Liese tract, for and angle point, and the northeast comer of said Mushroomloaf, LLC tract, bears N 09°35'21" E, 231.55 feet; THENCE S 09°39'03" E, 70.80 feet crossing Bootys Crossing Road, to a calculated point in the north line of Oak Crest Estates Unit I, a subdivision in Williamson County, Texas, according to the plat thereof, recorded in Cabinet B, Slides 79 of the Plat Records, Williamson County, Texas, for the southeast comer of this parcel, from which a %" iron rod found in the south margin of Bootys Crossing Road and the north line of said Oak Crest Estates Unit I, for the northeast comer of Lot 8, Block A of said Oak Crest Estates Unit I, bears N 79°31'09" E, 3.08 feet; THENCE S 79°31'09" W, 174.02 feet along the north line of said Oak Crest Estates Unit I, the south margin of Bootys Crossing Road, and this parcel, to a calculated point, for the southwest comer of this parcel, from which a %" iron rod, found in the south margin of Bootys Crossing Road, for the northwest corner of Lot 9, Block A of said Oak Crest Estates Unit I. bears S 79°31'09" W. 22.86 feet: THENCE N 09°39'03" W, 73.32 feet crossing Bootys Crossing Road, to a calculated point in the east line of a called 0.6427 acres, conveyed to S J Hardie, LLC in a Warranty Deed recorded under Document No. 2017039612 of said Official Public Records, and described in an Independent Executor's Distribution Deed recorded under Document No. 2016086461 of said Official Public Records, and the north margin of Bootys Crossing Road, for the southwest corner of said Mushroomloaf, LLC tract, and the northwest comer of this parcel, from which a 1/2" iron rod with yellow cap stamped "CCC 4835", found in the west line of said Liese tract, for the northwest corner of said Mushroomloaf, LLC tract, bears N 09*38*37" W, 232.26 feet; THENCE N 80°20'57" E. 174.00 feet along the north margin of Bootys Crossing Road, the south line of said Mushroomloaf, LLC tract, and the north line of this parcel, to the Point of Beginning, and containing a computed area of 0.288 acres, more or less. Bearings cited hereon based on Grid North Texas State Plane Coordinate System Central Zone (NAD83) V 1.Z ;YILUvi CC STCHAR' Will m C. S , RPLS No 5785 1 "'"" Stale of Te s '@ y QrF5785�:� fo y SS- A � — SURD ,7exas Zi:rrzd kIifrveVir3, I ►ic. 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600 www. texasas.com TBPLS FIRM No 100562DO nnps.//d docs live neVd37eb8b9768ed6a 7,Documents/221641 FIELD NOTES 0 268ACPES odt