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HomeMy WebLinkAboutORD 2023-46 - Longhorn Junction Corporate ParkOrdinance No. 2(52 3 — q (a 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 General Commercial (C-3) of certain territory consisting of 6.316 acres, more or less, in the L.J. Dyches Survey, Abstract 180, as described herein; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation 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 with Longhorn Junction Land & Cattle Company LLC for 6.316 acres on June 13, 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 6.316 acres in the L.J. Dyches Survey, 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 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 classification of General Commercial (C-3) is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of General Commercial (C-3). The City's Official Zoning Map shall be amended accordingly. Ordinance No. 2[UQ �S — 4 to Page 1 of 2 Longhorn Junction Corporate Park 6.316 acres 2023-4-ANX Date Approved: 5"key 641r 17-, 11025 Exhibit A,B,C attached 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 22nd day of August. Passed and A The City of Josh Schroeder Mayor Approved as to form: Skye'7Niasson City Attorney on Second Reading on the 1211, day of September. Attest: I Robyn Den ore, TRMC City Secretary Ordinance No. i20ZA — Llb Page 2 of 2 Longhorn Junction Corporate Park 6.316 acres 2023-4-ANX Date Approved: s�,4 ,�� 1z t 101,l? Exhibit A,B,C attached - � 1 1 1 � 1 sn��s�se nNb AIR 9RIFIG5 OM 1R 1 1 F9 r oil ® N N X n n z 'Y En z Exhibit B County: Williamson Project: Longhorn Junction Job No.: A220119 MB No.: 22-027 FIELD NOTES FOR 6.316 ACRES Being a 6.316 acre tract of land comprised of the remainder portion of a called 12.1313 acre tract of land recorded in the name of Longhorn Junction Land and Cattle Company in Document Number 2010002544, Official Public Records of Williamson County (O.P.R.W.C.) (Tract 2), located in the L.J. Dyches Survey, A-180, Williamson County Texas. Said 6.316 acre tract of land being more particularly described by metes and bound as follows: (Bearings are based on the Texas State Plane Coordinate System, Central Zone). Beginning at a 1/2-inch iron rod found for the northeasterly corner of said 12.1313 acre remainder tract, said iron rod being the northwesterly corner of a called 19.0651 acre tract of land recorded in the name of Williamson County in Document Number 2006080280, O.P.R.W.C., said iron rod being on the southerly Right -of -Way (R.O.W.) line of Blue Springs Boulevard (90' wide); Thence, with the easterly line of said 12.1313 acre remainder tract and the westerly line of said 19.0651 acre tract, South 22 degrees 49 minutes 40 seconds West, a distance of 767.54 feet to a capped iron rod found (Pacheo Koch) for the southeasterly corner of said 12.1313 acre remainder tract, said iron rod being the northeasterly corner of a called 5.815 acre tract of land recorded in the name of Vault Rabbit Hill, LP in Document Number 2021185158, O.P.R.W.C.; Thence, with the southerly line of said 12.1313 acre remainder tract and the northerly line of said 5.815 acre tract, North 67 degrees 20 minutes 51 seconds West, a distance of 474.77 feet to a 5/8- inch iron rod found for the southwesterly corner of said 12.1313 acre remainder tract, said iron rod being the northwesterly corner of said 5.815 acre tract, said iron rod being on the easterly R.O.W. line of Rabbit Hill Road (width varies); Thence, with the westerly line of said 12.1313 acre remainder tract and the easterly R.O.W. line of said Rabbit Hill Road, the following two (2) courses and distances; 153.83 feet along the are of a curve to the left, said curve having a central angle of 31 degrees 28 minutes 39 seconds, a radius of 280.00 feet and a chord which bears North 08 degrees 01 minutes 18 seconds East, a distance of 151.90 feet to a 1/2-inch iron rod found; 2. North 07 degrees 41 minutes 08 seconds West, a distance of 76.77 feet to a 1/2-inch iron rod found, said iron rod being the intersection of the easterly R.O.W. line of said Rabbit Hill Road with the southerly R.O.W. line of aforesaid Blue Springs Boulevard; hxhibit B Thence, with the northerly line of said 12.1313 acre remainder tract and the southerly R.O.W. line of said Blue Springs Boulevard, the following four (4) courses and distances; 1. 37.63 feet along the arc of a curve to the right, said curve having a central angle of 86 degrees 15 minutes 04 seconds, a radius of 25.00 feet and a chord which bears North 35 degrees 26 minutes 09 seconds East, a distance of 34.18 feet to a 1/2-inch iron rod found; 2. 290.29 feet along the arc of a curve to the left, said curve having a central angle of 19 degrees 40 minutes 59 seconds, a radius of 845.00 feet and a chord which bears North 68 degrees 47 minutes 03 seconds East, a distance of 288.86 feet to a 1/2-inch iron rod found; 3. North 59 degrees 00 minutes 22 seconds East, a distance of 115.12 feet to a 1/2-inch iron rod found; 4. 356.91 feet along the arc of a curve to the right, said curve having a central angle of 27 degrees 05 minutes 08 seconds, a radius of 755.00 feet and a chord which bears North 72 degrees 29 minutes 08 seconds East, a distance of 353.60 feet to the Point of Beginning and containing 6.316 acres of land. GBI Partners TBPELS Firm No. 10194150 Ph: 281-499-4539 June 09, 2022 O F T y,�P v ��F RFo9cP ALAN J HORTON ........... '• q 5766 � �� BURN Exhibit C MUNICIPAL SERVICES, AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND LONGHORN JUNCTION LAND AND CATTLE COMPANY This Municipal Services Agreement ("Agreement") is entered into on the _ day of June, 2023 by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and Longhorn Junction and Cattle Company ("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 210 Blue Springs Boulevard, which consists of approximately 6.316 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. 2023 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,-df 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. Longhom Junction Corporate Park. (2023-4-ANX) Municipal Scrvicc Agreement I Exhibit C 3. MUNICIPAE 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 Cit`f may extend municipal seaFv'rces"t3 any vthCr area ivf thBCiiy, includYg the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. 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. Policc — The City's Police Department will provide protection and law enforcement services. iii. Plannina and lieyel0Drnent. Building Pennits. and Insnections 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 StortnwaterPermit 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, sevimming pools, etc.), throughout the City. Any private parks; facilities, and buildings will be unaffected by the annexation; provided; however, that the City wilt 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 otherparks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenanca 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. StorrnwaterUtility Services — The Property will he inr_.liirleli in tiu� City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees Longhorn Junction Corporate Park (20234-ANX) Municipal Scrvicc Agrucment 2 IV Exhibit C will cover the direct and indirect costs of stomiWater management services. viii. Streets. Roads, and Street Lighting — The City will provide preventative maintenance of the existing public streets and roads in the artr1exed area over which it has jurisd iction 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. 'lire 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 formaintenance they will be included in the City's preventative maintenance program. ix. Water and Wastewater Facilities in file Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility --City- owned waterand wastewater facilities that exist in the annexed area Will w inaL na iii�u ill a1;;eUludnGG" �YILII l'AW UiLllnanCCS, Standards, policies and procedures. X. Solid Waste Services —The Citytivill provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. A. 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 forI-Iire; 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 laxv and atrates established by City ordinances for -.0c, .� 5:;:S�-10. c. '[be City may impose a fee for any .municipal. service in the area annexed if Longhom Junction Conwrate Park (2023.4-ANX) Municipal Smice Agfb=ent 3 r-A Exhibit C the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision fiom time to time by the City in its sole d iscretion. d. It is understood and agreed that the City is not required to provide a service thK is rtot ➢nell uded in this Agmement.- 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 notaffect the validity of any otherpart, 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 ofthe 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 DiNision 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 party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. COVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers Longhorn Junction Corporate Part; (20234-ANX) Municipal Serrjce Agreenwnt 4 Exhibit C or immunities. I1. COUNTERPARTS, This Agreement nlay he executed in any number of counterparts, each at which shall he deemed an original and constitute one and the same instrument. 12. CAPTIONS. the captions to the %anous clauses of Ibis Agreement are. I' or infomlational purposes only and shall not alter the substance of the tern; aril conditions of this Agreement. 13. AGREEMENT BINDS AND BEN EFITS SUCCESSORS AND RUNS N11TH THE LAND. This Agreement is hind ingon and inures to the henefit ofthe parties. their successor, and assigns The tern of this :Agreement constitutes cumenants running w ith the land composing the Properly, is hind ing on the Owner and mix Uity, and is enforceahle by anti current or future ov%ner of any portion of the Property. la. ENTIRE AGREEMLN'l. 11u, Agreement eonstuutes the entire abreernew het %een the parties and superedes all prior coal and a ntten agreements het%%cal said patties. This Agreement shall not he amcnded unless executed in writing b% hot pail ics, t xccuted as of the day and y'em firm ahme N rimtCll to he ClI Cti%C on 111e eftOAAC dXC Of annexation of the PropCrtY. CITIV OF C'EORCsI' TOWN B I -19horz, Ju mi.m Ckuruirxe Park 01. 29A.ANN) Mu1116)131 5aA,rr Agwown1 5 Exhibit C Approved as to Form: sskre lassu►f Oty Attoml Attest : 1� _ l „hen I) 'I re. TRMC' City Secretary State or Texas County of wimamson This instrument was acknowledged before the on the Josh Schroeder, Mayor of the City of Gcorgctown, a said corporation. By: Notary Public, State of Texas 13 dayof• 21 by Texas municipal ur�x,rctum, un hehalf of IA►nghurn )urkuon C'urporarc Part; t2U23-4=ANXI Municipal Scnkc Agrwr nl 6 KAREN FROST Notary ID # 1053608-4 N,r My Commission Expires �rtF+ May 24.2024 Exhibit C (OWNER 1) By. , nwHall Owner of 'Longhorn Junction Land & Cattle Company State of Texas County of V k(-LtAMSOM TN This instrument: was acknowledged before me on theday of 7 , 2023, by sfDrety Hall, Owner on behalf of said ong;-Ju��` it LtiltU OL V "L�G riVlrl�ar-ly Li.,,,. By: S [3o]z o23 Notary Public, State of Texas .�� ":; a. I. DANIELLE COOLEY .0,At Y -Not;ry Public, State of Texas = .'�� Comm. Explres.1"3.2023 Notery ID 132198208 Longhom Junction Corporate Park (2023-4-ANX) Municipal Service Agre mcnt 7 Exhibit C Longhorn Junction Corporate Pork (20234 ANX) Municipal Service Agreement m sop 9r Exhibit C t c C* w A Ent (} ( ((p Ili €12 !' Ill g lit L'�'.j jtl let Vie! aF La• a.i i! t! fill, � [IS'j i! a e� eeFt2 [aaa iFg'i� L Jxia 9P �■�pE �� 3 Pi! 1}0L f{=7� h =st{ (��`,�E F� ��L tti!' I tj `.� 'f�� iClYi L8� lii i 1}tS'} ;.I ° ;y. i to S' � 1 b• ! a as t aF t tjfF ! fief !EL fir, L�ta f 1. 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Re li F} }Itlr �r rr ;rt•r=t z f �i�I trr�t! = f lit F ° r Exhibit C County: Williamson Project: Longhorn Junction Job No.: A220119 MB No.: 22-027 FIELD NOTES FOR 6.316 ACRES Being a 6.316 acre tract of land comprised of the remainder portion of a called 12.1313 acre tract of land recorded in the name of Longhorn Junction Land and Cattle Company in Document Number 2010002544, Official Public Records of Williamson County (O.P.R.W.C.) (Tract 2), located in the L.J. Dyches Survey, A-180, Williamson County Texas. Said 6.316 acre tract of land being more particularly described by metes and bound as follows: (Bearings are based on the Texas State Plane Coordinate System, Central Zone). Beginning at a 1/2-inch iron rod found for the northeasterly comer of said 12.1313 acre remainder tract, said iron rod being the northwesterly corner of a called 19.0651 acre tract of land recorded in the name of Williamson County in Document Number 2006080280, O.P.R.W.C., said iron rod being on the southerly Right -of -Way (R.O.W.) line of Blue Springs Boulevard (90' wide); Thence, with the easterly line of said 12.1313 acre remainder tract and the westerly line of said 19.0651 acre tract, South 22 degrees 49 minutes 40 seconds West, a distance of 767.54 feet to a capped iron rod found (Pacheo Koch) for the southeasterly corner of said 12.1313 acre remainder tract, said iron rod being the northeasterly corner of a called 5.815 acre tract of land recorded in the name of Vault Rabbit Hill, LP in Document Number 2021185158, O.P.R.W.C.; Thence, with the southerly line of said 12.1313 acre remainder tract and the northerly line of said 5.815 acre tract, North 67 degrees 20 minutes 51 seconds West, a distance of 474.77 feet to a 5/8- inch iron rod found for the southwesterly corner of said 12.1313 acre remainder tract, said iron rod being the northwesterly corner of said 5.815 acre tract, said iron rod being on the easterly R.O.W. line of Rabbit Hill Road (width varies); . Thence, with the westerly line of said 12.1313 acre remainder tract and the easterly R.O.W. line of said Rabbit Hill Road, the following two (2) courses and distances; 1. 153.83 feet along the arc of a curve to the left, said curve having a central angle of 31 degrees 28 minutes 39 seconds, a radius of 280.00 feet and a chord which bears North 08 degrees 01 minutes 18 seconds East, a distance of 151.90 feet to a 1/2-inch iron rod found; 2. North 07 degrees 41 minutes 08 seconds West, a distance of 76.77 feet to a 1/2-inch iron rod found, said iron rod being the intersection of the easterly R.O.W. line of said Rabbit Hill Road with the southerly R.O.W. line of aforesaid Blue Springs Boulevard; Exhibit C Thence, with the northerly line of said 12.1313 acre remainder tract and the southerly R.O.W. line of said Blue Springs Boulevard, the following four (4) courses and distances; 1. 37.63 feet along the arc of a curve to the right, said curve having a central angle of 86 degrees 15 minutes 04 seconds, a radius of 25.00 feet and a chord which bears North 35 degrees 26 minutes 09 seconds East, a distance of 34.18 feet to a 1/2-inch iron rod found; 2. 290.29 feet along the arc of a curve to the left, said curve having a central angle of 19 degrees 40 minutes 59 seconds, a radius of 845.00 feet and a chord which bears North 68 degrees 47 minutes 03 seconds East, a distance of 288.86 feet to a 1/2-inch iron rod found; 3. North 59 degrees 00 minutes 22 seconds East, a distance of 115.12 feet to a 1/2-inch iron rod found; 4. 356.91 feet along the arc of a curve to the right, said curve having a central angle of 27 degrees 05 minutes 08 seconds, a radius of 755.00 feet and a chord which bears North 72 degrees 29 minutes 08 seconds East, a distance of 353.60 feet to the Point of Beginning and containing 6.316 acres of land. GBI Partners TBPELS Firm No. 10194150 Ph: 281-499-4539 June 09, 2022 1s�Tf ALAN J HORTON A,...5....v: 768 ss%°`' O ZZ sUR�