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Home My WebLink AboutORD 2023-37 - Aaker Acres ZoningOrdinance No. 2023 -37 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 Townhome (TH) and Business Park (BP) of certain territory consisting of 35.298 acres, more or less, in the F. Hudson Survey Abstract No. 295; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, Aaker Acres LLC, the owners of the 35.298 acres, more or less, in the F. Hudson Survey Abstract No. 295 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 Aaker Acres, LLC on May 9ffi, 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 101.24 acres in the F Hudson Survey Abstract No. 295, as shown in Exhibit A and as described in Exhibit B-1 and Exhibit B-2 of this ordinance (the "Property"). The Property is hereby included in City Council District 1, as it is adjacent to Council District 1 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 Townhome (TH) for the area described in Exhibit B-1 and Business Park (BP) for the area described in Exhibit B-2 are appropriate for the Ordinance No. M3 - 37 Page 1 of 2 Aaker Acres Development 35.298 acres 2022-4-ANX Date Approved: August 8, 2023 Exhibit A,B,C attached Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Townhome (TH) and Business Park (BP). 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 251h day of July. Passed and A The City of Josh Sc Mayor Approved as to form: .. 'A - o�p kye M sson City Attorney on Second Reading on the 8ffi day of August. Attest: Robyn 13ensmore, TRMC City Secretary Ordinance No. Z�m3 —37 Page 2 of 2 Aaker Acres Development 35.298 acres 2022-4-ANX Date Approved: August 8, 2023 Exhibit A,B,C attached Z O V; z 0 f X N04 G N k W o M a u u k&,sl�y . �. � ��,�� ? �y�'°Y : `fir - "• 6 led, a �'� . c� 00, x171G .a v $ of E o VE P by �' �,y�EF �q,KE Vy_1f1A _ 5` Y N ra �U.3ryQ7yI+�S �. � L - 1 1 Nk� � g �d• �e,{P V,�PVI'Ek OP. Ov _ VWX CENTRAL J t 1 . as S(HI 1 BS,lky SE DWI GU -d- N3 � _ - _ S�9N V65217%�- - . RN AAAA SE HI S— —_4= _ -• _ —� esr lrxo — Page 1 of 2 18.72 Acres Proj No. 22729 EXHIBIT B-1 F. Hudson Survey September 22, 2022 Abstract No. 295 Williamson County, Texas DESCRIPTION OF DESCRIPTION OF A 18.72 ACRE TRACT OF LAND LOCATED IN THE F. HUDSON SURVEY, ABSTRACT 295, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 35.77 ACRE TRACT OF LAND CONVEYED TO AAKER ACRES, LLC BY SPECIAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2018111796, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 18.72 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found for the northeast corner of PARK CENTRAL ONE SECTION 2 Subdivision, a map of which is recorded in Document No. 1997025683, said Official Public Records, same point being the southeast corner of said Aaker Acres Tract, same point being on the City of Georgetown City Limits as defined by City Ordinance 98-56; THENCE, North 21`04'00" West, with the east boundary line of said Aaker Acres Tract, a distance of 450.24 feet, to the POINT OF BEGINNING, for the southeast corner of the herein described tract; THENCE, South 68°58'53" West, over and across said Aaker Acres tract, a distance of 1464.64 feet to a point on the east right-of-way line of Rabbit Hill Road, a variable width right-of-way, recorded in Document No. 2021043381, said Official Public Records and the west line of said Aaker Acres Tract, for the southwest corner of the herein described tract; THENCE, North 20`56'54" West, with the east right-of-way line of said Rabbit Hill Road a distance of 556.53 feet, to a 1/2 inch iron rod found for the northwest corner of said Aaker Acres Tract, same point being the southwest corner of CLEARVIEW ESTATES II Subdivision, a map of which is recorded in Cabinet F, Slide 297, of the Plat Records of Williamson County, Texas; THENCE, North 68056'42" East, with the north boundary line of said Aaker Acres Tract, same line being the south boundary line of said CLEARVIEW ESTATES II Subdivision, a distance of 1463.50 feet, to a 1/2 inch iron rod found for the northeast corner of said Aaker Acres Tract, same point being the southeast corner of said CLEARVIEW ESTATES II Subdivision, and for the northeast corner of the herein described tract; STEGERIZZELL 1978 S. Austin Ave Georgetown, TX 78626 Page 2 of 2 Proj No. 22729 September 22, 2022 18.72 Acres F. Hudson Survey Abstract No. 295 Williamson County, Texas THENCE, South 21004'00" East, with the east boundary line of said Aaker Acres Tract, a distance of 557.45 feet, to the POINT OF BEGINNING, and containing 18.72 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Steger & 9ixzell ng Inc. a �a ' ;/ Patrick J. Steverfs, R Texas Reg. No. 5784 1978 South Austin Avenue Georgetown, Texas 78626 (512) 930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22729 Aakers Acres\Survey Data\Descriptions\22729-annex-NORTH aaker acres 18_6ac.docx STEGEIt0, BIZZELL 1978 S. Austin Ave Georgetown, TX 78626 EXHIBIT B-1 CALLED 3.83 ACRES OLCRA TRANSMISSION SERVICES CORPORATION DOC NO.2014056420, OPR WWI_ 49.86 ACRES -CELEBRATION CHURCH DOC. NO.2005003123, OPR u �e oc .0 QOa N z 1N0 W 0 d J OL soy J v O O W O Nadi caLu°n W 0 J J Q J lc wZFV u z w S�CL z 0O ~¢u �W^ m ma aqr J UJ CALLED 59.56 AC o N CELEBRATION CHURCH p DOC NO. 2005003124, OPR Z u 0 a CLEARVIEW ESTATES II CAB. F, SLIDE 297, PR DOC NO. 1985001529, OPR g N 680 56' 42" E 1463.50' 0 35.298 AC (CALLED 35.77 AC) g AAKER ACRES, LLC r3 J DOC NO. 2018111796, OPR z 1s.7zac- POINT OF to to BEGINNING-\ 3 S 68° 58' 63" W 1464.64' O CALLED 25.024 ACRES CITY OF GEORGETOWN DOC No. 2008092675, OPR DOC NO.2006072574, OPR GEORGETOWN CITY LIMITS (ORD 98-56) �y NI z w so"''CQ� POINT OF a o- - / ,.L\�' COMMENCEMENT Z W J °' watta�F GEORGETOWN w o GROUP CITY LIMITS z (ORD 98-56) o � PARK CENTRAL ONE SECTION 2 1 2 ao CABINET O, SLIDE 246, PR W01 � a — DOC NO. 1997025683, OPR Ov0 l7 NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013, 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH. r* SITE 0 3 - m m u Z Q- WESTINGHOUSE RD GEORGETOWN, TX LOCATION MAP 1"=3000' er a NO Yam 0.J O m = N .-1 J 0 �N 2z zu 30 a ' 3' I' 1 0' Y I' A U' GRAPHIC SCALE: 1" = 400' THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. DATED 02-11-2020 REVISED 09-08-2020: REVISED BOUNDARY REVISED 09-25-2020: REVISED ADJOINERS REVISED 10-19-2020: REVISED BOUNDARY OF REVISED 09-21-2022: REVISED BOUNDARY Line Table Line # Direction Length L1 N 20056'54' W 656.53' L2 S 21 e04'00" E 557.46 STEGER'(iBIZZELL 1 ^nAe 512.930.9412ITEYASRFOTOIFRFOFN(MFFRIR61IROF•1.SI.. STEGERE1122al.COM TRPL$ FIRM Na1000)700 DATE 9-21-2022 JOB NO. 22729 Page 1 of 1 15.22 Acres Proj No. 22729 EXHIBIT B-2 F. Hudson Survey September 22, 2022 Abstract No. 295 Williamson County, Texas DESCRIPTION OF DESCRIPTION OF A 15.22 ACRE TRACT OF LAND LOCATED IN THE F. HUDSON SURVEY, ABSTRACT 295, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 35.77 ACRE TRACT OF LAND CONVEYED TO AAKER ACRES, LLC BY SPECIAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2018111796, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15.22 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at point for the northeast corner of PARK CENTRAL ONE SECTION 2 Subdivision, a map of which is recorded in Document No. 1997025683, said Official Public Records, same point being the southeast corner of said Aaker Acres Tract, same point being on the City of Georgetown City Limits as defined by City Ordinance 98-56, for the southeast corner of the herein described tract, THENCE, South 68'47'11" West, with the north boundary line of said PARK CENTRAL ONE SECTION 2 subdivision, a distance of 1465.59 feet, to a point on the west right-of-way line of said Rabbit Hill Road, a variable width right-of- way recorded in Document No. 2021043381, for the southwest corner of the herein described tract; THENCE, North 20°56'54" West, with the west right-of-way line of said Rabbit Hill Road a distance of 455.23 feet, to a point on said west right-of-way line of said Rabbit Hill Road, and the east boundary line of said Aaker Acres tract for the northeast corner of the herein described tract; THENCE, North 68°58'53" West, distance of 1464.64 feet, to a point being the northeast corner of the herein described tract; THENCE, South 21"04'00" East, with the east boundary line of said Aaker Acres Tract, a distance of 450.24 feet, to the POINT OF BEGINNING, and containing 15.22 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. r Steger.& Biz eering Inc. 01 Patrick !. Stever s, RPLS Texas Reg. No. 5784 1978 South Austin Avenue _.. rr�1CAIC .. 5784 �r �'• °Fess�°.••. Georgetown, Texas 78626 (512) 930-9412 " TBPLS Firm No. 10003700 P:\22000-22999\22729 Aakers Acres\Survey Data\Descriptions\22729-annex-south-aaker acres 15_22ac.docx STEGERBIZZELL 1978 S. Austin Ave Georgetown, TX 78626 EXHIBIT B-2 CALLED 3.93 ACRES LCRA TRANSMISSION SERVICES CORPORATION DOC NO. 2014056420, OPR "60D' avow nl Z w u i 0 J = kD u0 J-L�z CJ> <uj CL = LnJa O 0 W O N 0 Q n caLLJLn J Q J O �GO W00 z 008 0 CALLED 59.56 AC CELEBRATION CHURCH DOC NO.2005003124, OPR Qza aOct m 0m* �W :7� 'y N 0 O uz 0 CALLED 25.024 ACRES CLEARVIEW ESTATES II CITY OF GEORGETOWN CAB. F, SLIDE 297, PR DOC NO.2008092675, OPR DOC NO. 1985001529, OPR DOC NO.2006072574, OPR --T I T- o GEORGETOWN CITY LIMITS^ �yyy al a I 0 N Z Kl Q O d D: J I_ m co I (ORD 98-56) EOM .0v 35.298 AC (CALLED 35.77 AC) t�'��s 6 0 �R'k' AAKER ACRES, LLC F'�y�y0e1C DOC NO.2018111796, OPR N 680 58' 53" E 1464.64' -1s.22Ac- POINT OF BEGINNING S 68" 47' 11" W 1465.59' 2 I I i^ PARK CENTRAL ONE SECTION 2 o� CABINET 0, SLIDE 246, PR 0 — DOC NO.1997025683, OPR wu0 NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH. A •Ai✓••0 T d E qE qli ' ti H ,k •p ��c 578� N�`:�, M,r•A oFES..a , J� �...Sub 3 SITEf� I Q WESTINGHOUSE RD GEORGETOWN, TX LOCATION MAP 1"=3000' GEORGETOWi CITY LIMITS (ORD 98-56) GRAPHIC SCALE: 1" = 400' THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. DATED 02-11-2020 REVISED 09-08-2020: REVISED BOUNDARY REVISED 09-25-2020: REVISED ADJOINERS REVISED ID-19-2020: REVISED BOUNDARY REVISED 09-21-2022: REVISED BOUNDARY Line Table Line # Direction Length L1 N 20"56'54" W 455.23' 1-2 S 21 "04'00" E 460.24' STEGER*IZZELL S12.930.9411 I""^'""'"""1°"'�'O1"eoww+r�w.r-�ni I wr. STEGERBI72ELL.COM 76VLS F07M N. 10M700 DATE 09-21-2022 JOB NO. 22729 EXHIBIT C MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND AAKER ACRES, LLC This Municipal Services Agreement ("Agreement") is entered into on the day of by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and Aaker Acres, 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 approximately 280 feet north of Commerce Boulevard with a portion of the tract adjacent to Rabbit Hill Rd, which consists of approximately 35.298 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. 2022-4- 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. 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, - ' • •5 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. Plmining anti Ucvclopmunt. Buildin lzg ermita, and Jnspcclions_ Servi�u - 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. . 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. Offict Publicly -0yineti_Buildinga. Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vi. Lib= — Upon annexation, library privileges will be available to anyone residing in the annexed area vii. 5tarrrtwater 1Jtility 5gnuq s_ - 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 will cover the direct and indirect costs of stormwater management services. viii. Streets, Roads. and Street Lig rag — 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. Within the Auca of Ano_ er w—pter or Wastewater Mlilily —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 Qntrol Services — Upon annexation, the City shall provide animal control services in the annexed area. xiu. Busincss_l.. "nses ,ind �c u[ations — 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 die Effective Date in accordance %vith, and on the schedule deicrmined by, the City's extension policies, capital improvements schedule, and applicable law and at rates established by City ordinances for such services. c. The City may impose a fee for any municipal service in the area annexed if 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 infastructure 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 re€aging to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The panics 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. B. 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. 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 some instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND, This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is -enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. CITY OF GEORGETOWN By: rosi Ms Approved as to Form: AW M son City Attorney Attest: vze� Robyn DerUrnore, TRMC City Secretary State of Texas County of WMmson This instrument was acknowledged before me on the day of . 2003 by Josh Schroeder, Mayor of the City of Georgetown, a 'texas municipal ration, on behalf of said corporation. E 1 c KAREN FROST By: Notary ID # 1053608-4 1�*pMy Commission Expires May 24, 2024 Notary Public, State of Texas (OWNER 1) Aaker Acres, LLC By: William Hunter Aaker Armstrong VP of Aaker Acres, LLC State of Texas § County of § This instrument was acknowledged before me on theIday of Mara • . 20 23 , by William Hunter Aaker Armstrong, Vice President of [Name of individual signing, title (if any)] on behalf of said Aaker Acres, LLC (insert name of company or individual where applicable]. By: Notary Pubfic, State of Texas I Y' 7tc Z/N/fW\l BOYER t• �= My Nobty 0D / 13415M EXHIBIT C Aaker Acres pm-4-,omMmewa sem« Av=nm Page 1 of 1 15.22 Acres Proj No. 22729 F. Hudson Survey September 22, 2022 EXHIBIT C Abstract No. 295 Williamson County, Texas DESCRIPTION OF DESCRIPTION OF A 15.22 ACRE TRACT OF LAND LOCATED IN THE F. HUDSON SURVEY, ABSTRACT 295, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 35.77 ACRE TRACT OF LAND CONVEYED TO AAKER ACRES, LLC BY SPECIAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2018111796, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15.22 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at point for the northeast corner of PARK CENTRAL ONE SECTION 2 Subdivision, a map of which is recorded in Document No. 1997025683, said Official Public Records, same point being the southeast corner of said Aaker Acres Tract, same point being on the City of Georgetown City Limits as defined by City Ordinance 98-56, for the southeast corner of the herein described tract; THENCE, South 68°47'11" West, with the north boundary line of said PARK CENTRAL ONE SECTION 2 subdivision, a distance of 1465.59 feet, to a point on the west right-of-way line of said Rabbit Hill Road, a variable width right-of- way recorded in Document No. 2021043381, for the southwest corner of the herein described tract; THENCE, North 20"56'54" West, with the west right-of-way line of said Rabbit Hill Road a distance of 455.23 feet, to a point on said west right-of-way line of said Rabbit Hill Road, and the east boundary line of said Aaker Acres tract for the northeast corner of the herein described tract; THENCE, North 68'58'53" West, distance of 1464.64 feet, to a point being the northeast corner of the herein described tract; THENCE, South 21°04'00" East, with the east boundary line of said Aaker Acres Tract, a distance of 450.24 feet, to the POINT OF BEGINNING, and containing 15.22 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Steger & Biz ffeering Inc. Patrick 1. Stevei s, RPLS Texas Reg. No. 5784 1978 South Austin Avenue Georgetown, Texas 78626 \��" � " uR.l'� ' (512) 930-9412 ^ TBPLS Firm No. 10003700 P:\22000-22999\22729 Aakers Acres\Survey Data\Descriptions\22729-annex-south-aaker acres 15_22ac.docx STEG ER,,B IZZE LL 1978 S. Austin Ave Georgetown, TX 78626 CALLED 3.83 ACRES LCRA TRANSMISSION SERVICES CORPORATION DOC NO.2014056420, OPR a6c �o0cni NZ° W 0 d J w J s U. u> 0 QUj CL Ja 00ui0 r; nl� Qn oaWLn J p 0 W �ZN z m 0 0 CALLED 59.56 AC CELEBRATION CHURCH DOC NO.2005003124, OPR Q Za wo voo ei P+ ff) 0 w N J Lu s0N �O uz u 0 0 EXHIBIT C - CALLED 25.024 ACRES CLEARVIEW ESTATES II CITY OF GEORGETOWN CAB. F, SLIDE 297, PR DOC NO.2008092675, OPR DOC NO. 1985001529, OPR DOC NO.2006072574, OPR FT IT I o GEORGETOWN CITY LIMITS i fit" (ORD 98-56) ar�� 01,96-fir { N 35.298 AC (CALLED 35.77 AC) ��]� 3 ,a W 0 °z I AAKER ACRES, LLC F ��5�e1t' o Cc= vi g 00 DOC NO.2018111796, OPR 4�pM cn 6,00 �:w o2 p� WUD m=N '~ 0 N 68° 58' 53" E 1464.64' o o oZ °C 3 0 -15.22Ac- POINT OF co BEGINNING S 680 47' 11" W 1465.69' GEORGETOWN CITY LIMITS ■r p N PARK CENTRAL ONE SECTION 2 (ORD 98-56) r• i rn _ CABINET 0, SLIDE 246, PR CC � 0 DOC NO. 1997025683, OPR 0 cc ui GRAPHIC SCALE: 1" = 400' NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH, I I y 1 1� 3 SITE CAI P WESTINGHOUSE RD `w C GEORGETOWN, TX THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. DATED 02-11-2020 REVISED 09-08-2020: REVISED BOUNDARY REVISED 09-25-2020: REVISED ADJOINERS REVISED 10-19-2020: REVISED BOUNDARY REVISED 09-21-2022: REVISED BOUNDARY Line Table Line # Direction Length L1 N 20°56'54" W 455.23' L2 S 21*04*00" E 450.24' STEGER�IZZELL 512.9302422 "'O'°"c�''^"''1°°"'�""�N ..... w" STEGERBIZZELLCOM �LPL5FWi17a looku 6 s LOCATION MAP a go 1"=3000' DATE 09-21-2022 JOB NO. 22729 Page 1 of 2 18.72 Acres Proj No. 22729 EXHIBIT C F. Hudson Survey September 22, 2022 Abstract No. 295 Williamson County, Texas DESCRIPTION OF DESCRIPTION OF A 18.72 ACRE TRACT OF LAND LOCATED IN THE F. HUDSON SURVEY, ABSTRACT 295, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 35.77 ACRE TRACT OF LAND CONVEYED TO AAKER ACRES, LLC BY SPECIAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2018111796, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 18.72 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found for the northeast corner of PARK CENTRAL ONE SECTION 2 Subdivision, a map of which is recorded in Document No. 1997025683, said Official Public Records, same point being the southeast corner of said Aaker Acres Tract, same point being on the City of Georgetown City Limits as defined by City Ordinance 98-56; THENCE, North 21`04'00" West, with the east boundary line of said Aaker Acres Tract, a distance of 450.24 feet, to the POINT OF BEGINNING, for the southeast corner of the herein described tract; THENCE, South 68058'53" West, over and across said Aaker Acres tract, a distance of 1464.64 feet to a point on the east right-of-way line of Rabbit Hill Road, a variable width right-of-way, recorded in Document No. 2021043381, said Official Public Records and the west line of said Aaker Acres Tract, for the southwest corner of the herein described tract; THENCE, North 20'56'54" West, with the east right-of-way line of said Rabbit Hill Road a distance of 556.53 feet, to a 1/2 inch iron rod found for the northwest corner of said Aaker Acres Tract, same point being the southwest corner of CLEARVIEW ESTATES II Subdivision, a map of which is recorded in Cabinet F, Slide 297, of the Plat Records of Williamson County, Texas; THENCE, North 68056'42" East, with the north boundary line of said Aaker Acres Tract, same line being the south boundary line of said CLEARVIEW ESTATES II Subdivision, a distance of 1463.50 feet, to a 1/2 inch iron rod found for the northeast corner of said Aaker Acres Tract, same point being the southeast corner of said CLEARVIEW ESTATES II Subdivision, and for the northeast corner of the herein described tract; STEGE133BIZZELL 1978 S. Austin Ave Georgetown, TX 78626 Page 2 of 2 18.72 Acres Proj No. 22729 EXHIBIT C F. Hudson Survey September 22, 2022 Abstract No. 295 Williamson County, Texas THENCE, South 21004'00" East, with the east boundary line of said Aaker Acres Tract, a distance of 557.45 feet, to the POINT OF BEGINNING, and containing 18.72 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Steger & Bixxell n ing Inc. �7 Patrick J. Stevens, RPLS Texas Reg. No. 5784 1978 South Austin Avenue Georgetown, Texas 78626 (512) 930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22729 Aakers Acres\Survey Data\Descriptions\22729-annex-NORTH aaker acres 18_6ac.docx STEGERBIZZELL 1978 S. Austin Ave Georgetown, TX 78626 EXHIBIT C CALLED 3.83 ACRES OLCRA TRANSMISSION SERVICES CORPORATION DOC NO.2014056420, OPR 49.86 ACRES -CELEBRATION CHURCH DOC. NO.2005003123, OPR VYOC aoo 30m N z lD a O a QJ L U 0 u�00Lo fV tea^ caujLn w Y J 00 ao �o w Z N Q z cc �a~CZ a00 ujj f^rf mo 0cc �ui14 CALLED 59.56 AC O N CELEBRATION CHURCH p DOC NO. 2005003124, CPR z O 0 CLEARVIEW ESTATES II CAB. F, SLIDE 297, PR DOC NO.1985001529, OPR IL N 680 56' 42" E 1463.50' 0 35.298 AC (CALLED 35.77 AC) g AAKER ACRES, LLC J DOC NO.2018111796, OPR �-18.72Ac- POINT OF BEGINNING-�� 3> S 680 58' 53" W 1464.64' \r O CALLED 25.024 ACRES CITY OF GEORGETOWN DOC NO.2008092675, OPR DOC NO.2006072574, OPR GEORGETOWN CITY LIMITS (ORD 98-56) � NSvR`I,Lgy��,�p.5 3 I RaN La POINT OF g ■�,,■� COMMENCEMENT o Z U' �P� GROUP" GEORGETOWN LIMITS w u 0 GROUP• CITY LIMITS � LA ZF PARK CENTRAL ONE SECTION 2 CORD 98-56) g °o CABINET 0, SLIDE 246, PR c7 J c — DOC NO. 1997025683, OPR O °C w 0 0 O NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH. J SITE m m � Q- WESTINGHOUSE RD GEORGETOWN, TX LOCATION MAP 1"=3000' a �•'p� STE 9F•. � p as y0 ca =a 4' 3' 7 0' i 0'V 21jr. 4 0' GRAPHIC SCALE: 1" = 400' THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED, DATED 02-11-2020 REVISED 09-08-2020: REVISED BOUNDARY REVISED 09-25-2020: REVISED ADJOINERS REVISED 10-19-2020: REVISED BOUNDARY REVISED 09-21-2022: REVISED BOUNDARY .-••- b 5784 �� Line Table Line # Direction Length L1 N 20°56'64" W 556.53' L2 S 21 °04'00" E 557.45' STEGER0BIZZELL ^m^^ 512.930.9412 17"M RROOFMn F".":FFRN"FRY F.i.s I wr. STEGER8122ELL.COM DATE 9-21-2022 JOB NO. 22729