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Home My WebLink AboutRES 092623-4.E - Release of Petition ETJRESOLUTION NO. -2Z& 73 -14- E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 2.016 ACRES OF LAND AND 41.250 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED SOUTH OF STATE HIGHWAY 29 AND EAST OF STATE HIGHWAY 130, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, on September 14, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 2.016 acre tract of land and a 41.250 tract of land in the Woodruff Stubblefield Survey (the "Petition"), a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or residents may submit a petition seeking release of an area of land from the City's ETJ; and WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition requirements of Chapter 277 of the Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby find that the forgoing recitals are true and correct and adopts the recitals by this reference for all purposes. SECTION 2: The City Council does hereby adjust the boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas. SECTION 3. This Resolution shall take effect immediately upon its passage. Resolution No. iQ24,z3 -y .E Release of Petition Area Page 1 PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the —7Lilayof �v�( , 2023. CITY OF GEJOYCETOWN, TEXAS By: / z Josh •hrc eder, Mayor ATTEST: By: 22AA.'On Robyn Dciisinolu, City Secretary APPROVED AS TO FORM: By: Skye Mass n, Ci y Attorney Resolution No.��1_ E Release of Petition Area Page 2 Exhibit A Petition Resolution No. Regarding Release of Petition Area STATE OF TEXAS § COUNTY OF Williamson § ./ PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION ("ETJ") AREA BY LANDOWNER PURSUANT TO CHAPTER 42.101 SUBCHAPTER D. TEXAS LOCAL GOVERNMENT CODE The undersigned JMA Entity LLC ("Petitioner") hereby petitions the City of Georgetown, Williamson County, Texas (the "Municipality"), to remove the below -described property from the ETJ boundaries of the Municipality as allowed by Texas Local Government Code §42.101, Subchapter D (the "Statute"). The Property is described in the attached Exhibit D" being the Recorded Deed and map to the Property designating such territory which are incorporated herein by reference for all purposes. 1. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY The Property is not area located: (1) within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a Municipality with a population of more than 1.4 million, that is: (A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and (B) in a county with a population of more than two million; (4) in an area designated as an industrial district under Section 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751. 2. PETITION REQUIREMENTS The petition requesting release under the Statute has been signed by: (1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or (2) a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district. (3) All signature requirements under SB 2038 have been satisfied. (4) The petition includes a map of the land to be released and describes the boundaries of the land to be released by (1) metes and bounds or lot/block number if there is a recorded map or plat. Petitioner requests that the Municipality shall immediately release the area from the Municipality's extraterritorial jurisdiction. 4. MUNICIPALITY'S ACTIONS ONCE THE PETITION IS FILED The municipal secretary or other person responsible for verifying signatures shall verify the signatures contained in the Petition and notify the residents and landowners of the area described within this petition of the results of the petition. If a resident or landowner obtains the number of signatures on the petition required under Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction. 3. MUNICIPALITY'S FAILURE TO TAKE ACTION If a Municipality fails to take action to release the Property by the later of the 45th day after the date the Municipality receives the petition or the next meeting of the Municipality's governing body that occurs after the 30th day after the date the Municipality receives the petition, the area is released by operation of law. PETITIONER: Dated September 15, 2023 JMA Entity LLC Signed: By: Joh Muhich — ma ager By: John Muhich date of birth 8/16/1954 By: John Muhich, 4203 Spinnaker Cove, Austin, TX 78731 Exhibit "D" ELECTRONICALLY RECORDED 2022127802 Williamson County, Texas Total Pages: 4 STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT JMA CONVERSE LLC, a Texas limited liability company, the owner of the below - described property hereby declares that it has good and full power to sell and dispose of the said property ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor paid by JMA ENTITY LLC, a Delaware limited liability company, 4203 Spinnaker Cove, Austin, Texas 78731 ("Grantee"), the receipt of which is hereby acknowledged and confessed; Grantor has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto said Grantee the following described property: SEE EXHIBIT "A" LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED BY REFERENCE. TO HAVE AND TO HOLD the above -described premises, together with all and singular, the rights and appurtenances thereunto in anywise belonging unto said Grantee, his heirs and assigns, forever. And Grantor does hereby bind himself, his heirs, executors, and administrators, to warrant and forever defend all and singular the said premises unto said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to any and all valid and subsisting restrictions, easements, rights of way, reservations, maintenance charges together with any lien securing said maintenance charges, zoning laws; ordinances of municipal and/or other governmental authorities, conditions and covenants, if any, applicable to and enforceable against the above -described property as shown by the records of the County Clerk of said County. Current ad valorem taxes on the Property having been prorated, as of and through the Effective Date of this deed, the payment thereof is assumed by Grantee. The use of any pronoun herein to refer to Grantor or Grantee shall be deemed a proper reference even though Grantor and/or Grantee may be an individual (either male or female), a corporation, a partnership, or a group of two or more individuals, corporations and/or partnerships, and when this Deed is executed by or to a corporation, or trustee, the words "heirs, executors and 2022127802 Page 2 of 4 administrators" or "heirs and assigns" shall, with respect to such corporation or trustee, be construed to mean "successors and assigns"; JMA CONVERSE LLC, a Texas limited liability company By: A -A -A STORAGE LLC, a Texas limited liability company, its manager By: ' '� li''��l� JO MUHICIi, its President STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF NOVEMBER 2022 BY JOHN WHICH, PRESIDENT OF A -A -A STORAGE LLC, A TEXAS LIMITED LIABILITY COMPANY, MANAGER OF JMA CONVERSE LLC, A TEXAS LIMITED LIABILITY COMPANY, ON BEHALF OF SAID COMPANY, ( � I �� NW N ARY PUBLIC — STATE OF TEXAS 2 WD 2022127802 Page 3 of 4 EXHIBIT "A" METES AND BOUNDS BEING A 2.016 ACRE TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WOODRUFF STUBBLEIaIELD SURVEY, ABSTRACT NO.556, WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT SAME.TRACT OF LAND DESCRIBED IN A DEED TO DENNIS D, O'NEILL IN A DEED RECORDED IN DOCUMENT NO, 9724023, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (HEREINAFTER REFERRED TO AS THE "O'NEILL TRACT"), SAID 2.016 ACRES OF LAND, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING for REFERENCE at a calculated point on the southeast right-of-way line of East State Highway 29, For a property corner on the northwest line of a tract of land conveyed to William. R. Montalvo, Sr., and Jewel T. Montalvo Revocable Living Trust in a deed recorded in Document No. 2015013351, Official Public Records, Williamson County, Texas, (hereinafter referred to as the °Montalvo Tract"); THENCE with a southeast line traversing across the Montalvo Tract, South 19°02102" East a distance of 397,94 feet to an iron rod found for the north corner and POINT OF BEGINNING of herein described tract, THENCE with the northeast line of this tract, South 19°02'03" East a distance of 374.20 feet to an iron rod found on the northwest line of the Montalvo Tract and for the east corner of this tract; THENCE with the southeast line of this tract and the northwest line of the Montalvo Tract, South 83°0 P11" West a distance of 236,52 feet to an iron rod set on the northeast line of a tract of land conveyed to Enrique Palacios and Dora Palacios in a deed recorded in Document No, 9860973, Official Public Records, Williamson County, Texas, (hereinafter referred to as the "Palacios Tract") for the south corner of this tract; THENCE with the southwest line of this tract surd the northeast line of the Palacios Tract, North 17008'27" West a distance of 404.25 feet to an iron rod set on the northeast line of a tract of land conveyed to Enrique Palacios in a deed recorded in Document No. 9610285, Official Public Records, Williamson County, Texas, (hereinafter referred to as "Palacios Tract 2") and on the southwest line of the Montalvo Tract, being the west corner of this tract; THENCE with the northwest line of this tract, South 89003133" East a distance of 231.90 feet to the POINT OF BEGINNING, containing 2.016 acres of land, more or leis- 3 wD 2022127802 Page 4 of 4 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022127802 Pages:4 Fee: $34.00 11 /15/2022 12:30 PM MBARRICK Nancy E. Rister, County Clerk Williamson County,Texas Petitioned for ETJ Removal GFOR ffiOWN ,.',),, -, Moiitalvo 42AC F 5i129 Ra[wiey Rd ® Property City limits Georgetown ETJ *A, 0 250 Soo US Feet Petitioned for ETJ Removal GEORGETOWN Montalvo 2AC ------------- E SH 29 T� �E SH 29 d w� 0 f� ® Property City limits Georgetown ETJ VV 0 250 Soo US Feet