HomeMy WebLinkAboutORD 2023-65 - Leander Road, Water OakORDINANCE NO. '002-3-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS AND THE
ANNEXATION AND INITIAL ZONING DESIGNATION OF
RESIDENTIAL SINGLE-FAMILY OF CERTAIN
TERRITORY CONSISTING OF 29.02 ACRES, MORE OR
LESS, IN THE J. THOMPSON SURVEY ABSTRACT NO.
608, 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 and is contiguous to the City; and
WHEREAS, the City Council approved a Municipal Services Agreement, attached hereto
as Exhibit C and by this reference incorporated herein, with Elizabeth Ann Dufner for the
property on August 22, 2023; and
WHEREAS, the City Council approved a Municipal Services Agreement with Elizabeth
Ann Dufner for 29.02 acres on August 22, 2023; and
WHEREAS, 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 meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. 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 Number: Zo Z 3 -(j Page 1 of 3
Description: 4706 Leander Road Annexation
Date Approved: November 28, 2023
Section 3. The City Council of the City of Georgetown hereby annexes into the City limits
29.02 acres in the J. Thompson Survey, Abstract 608, 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 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 4. 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 Residential Single -Family is appropriate for
the Property and consistent with the City's Comprehensive Plan, and upon annexation, the
Property shall have a zoning of Residential Single -Family. The City's Official Zoning Map shall
be amended accordingly.
Section 5. 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 6. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 7. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 8. 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 immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 14th day of November 2023.
PASSED AND APPROVED on Second Reading on the 281h day of November 2023.
CITY OF GEORGETOWN, TEXAS
Josh
Ordinance Number: ;20 Z 3 Page 2 of 3
Description: 4706 Leander Road Annexation
Date Approved: November 28, 2023
ATTEST:
Robyn )De more, Cit�Secre�tary
APPROVED AS TO FORM:
Skye asson, City Attorney
Ordinance Number: ,�Z 3 Page 3 of 3
Description: 4706 Leander Road annexation
Date Approved: November 28, 2023
Exhibit A
"�►4_, a `i,nC� �L\ LOCATION
2023-6-ANX
1 od 8 ppb Site
Parcels
;City Limits E t, Georgetown D
N
11 013 0z
Mil.
Exhibit B
011we: 512-443-1724
43
5512
pjt-- Professional Land Surveying, Inc. 300 McCall Lane
I Surveying and Mapping
Aushn, Texas 78744
i
EXHIBIT "
29.02 ACRES
JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608
WILLIAMSON COUNTY, TEXAS
A DESCRIPTION OF 29.02 ACRES IN THE JOSEPH THOMPSON SURVEY,
ABSTRACT NO.608, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 17.60
ACRE TRACT AND A 22.599 ACRE TRACT, BOTH CONVEYED TO ELIZABETH ANN
DUFNER IN A GIFT DEED DATED FEBRUARY 7, 2014 AND RECORDED IN
DOCUMENT NO. 2014063597 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 29.02 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" rebar with an illegible plastic cap found in the northwest right-
of-way line of FM 2243 (80' right-of-way width) for the south corner of said 17.60 acre
tract and said 22.599 acre tract, same being the east corner of a called 76.00 acre tract
conveyed to Gordon Winston Faubion in Document No. 2005101511 of the Official Public
Records of Williamson County, Texas, from which a TxDOT Type I concrete monument
found in the northwest right-of-way line of FM 2243, being the southeast line of said 76.00
acre tract, bears South 69043'37" West a distance of 415.79 feet, and also from which a
second TxDOT Type I concrete monument found in the northwest right-of-way line of FM
2243, being the southeast line of a called 1,156.001 acre tract conveyed to HM Parkside
LP in Document No. 2018114043 of the Official Public Records of Williamson County,
Texas, bears North 69°43'37" East a distance of 447.59 feet;
THENCE North 23°24'45" West, with the southwest line of the 17.60 acre tract and the
northeast line of said 76.00 acre tract, a distance of 1002.04 feet to the calculated POINT
OF BEGINNING, being a point 1001 feet northerly of the northwest right-of-way line of
FM 2243 and the south corner hereof;
THENCE North 23°24'45" West, continuing with the southwest line of the 17.60 acre
tract and the northeast line of said 76.00 acre tract, a distance of 1620.61 feet to a 1/2"
rebar with cap stamped "Forest 1847" found in the southeast line of said 1,156.001 acre
tract, for the west corner of the 17.60 acre tract and hereof, same being the north corner
of the 76.00 acre tract;
1890-003-ANNEX-ROW
Page 2 of 2
THENCE with the northwest line of the 17.60 acre tract and the 22.599 acre tract, same
being the southeast line of said 1,156.001 acre tract, the following four (4) courses and
distances:
1. North 69°23'51" East a distance of 13.52 feet to a 1/2" rebar found;
2. North 69°21'27" East a distance of 386.87 feet to a 5/8" rebar found;
3. North 69°09'25" East a distance of 184.94 feet to a 1/2" rebar found for the north
corner of the 17.60 acre tract and the west corner of the 22.599 acre tract;
4. North 69°09'53" East a distance of 375.74 feet to a cotton spindle found for the
north corner of the 22.599 acre tract and hereof, same being an east corner of the
1,561.001 acre tract and the west corner of Parkside on the River, Phase 2,
Sections 4 and 7, a subdivision of record in Document No. 2022128238 of the
Official Public Records of Williamson County, Texas;
THENCE South 10°42'45" East, with the northeast line of the 22.599 acre tract, same
being the southwest line of said Parkside on the River, Phase 2, Sections 4 and 7 and
the southwest line of Parkside on the River, Phase 2, Section 2, a subdivision of record
in Document No. 2021190055 of the Official Public Records of Williamson County, Texas,
a distance of 1649.19 feet to a calculated point, being the east corner hereof, from which
a 1/2" rebar with illegible plastic cap found for the east corner of the 22.599 acre tract,
same being the south corner of the 1,156.001 acre tract, bears South 10°42'45" East a
distance of 1013.93 feet;
THENCE South 69°43'37" West, crossing the 22.599 acre tract and the 17.60 acre tract,
parallel with and 1001 feet northerly of and normal to the said northwest right-of-way line
of FM 2243, a distance of 598.37 feet to the POINT OF BEGINNING, containing 29.02
acres of land, more or less.
Surveyed on the ground May 31, 2023.
Bearing basis: The Texas Coordinate System of 1983 (NAD83), Central Zone (4203),
based on GPS solutions from the local Real Time Network (RTN).
Attachments: 1890-003-ANNEX
Jr�M
�E OF
Paul J. Flugel
"p;q '.
UL.... �FLUGEL
Registered Professional Land Surveyor
1..90 50E ' Q..
State of Texas No. 5096
2••.:e�5,o?yo
T.B.P.E.L.S. Firm No. 10124500
SURD
1890-003-ANNEX-ROW
SKETCH TO ACCOMPANY A DESCRIPTION OF 29.02 ACRES IN THE JOSEPH THOMPSON SURVEY,
ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 17.60 ACRE TRACT
AND A PORTION OF A 22.599 ACRE TRACT, BOTH CONVEYED TO ELIZABETH ANN DUFNER
IN A GIFT DEED DATED FEBRUARY 7, 2014 AND RECORDED IN DOCUMENT NO. 2014063597
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
LEGEND
• 1/2" REBAR FOUND (OR AS NOTED)
OF 1/2" REBAR WITH "FOREST 1847" CAP FOUND
•'LL 1/2" REBAR WITH ILLEGIBLE PLASTIC CAP FOUND
■ CONCRETE HIGHWAY MONUMENT FOUND
�E COTTON SPINDLE FOUND
o CALCULATED POINT
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
R.O.W. RIGHT-OF-WAY
( ) RECORD INFORMATION
LINE TABLE
LINE
DISTANCE
BEARING
L1
N69'23'51 "E
13.52'
(1-1)
(N71'32`34"E
13.44'
L2
N69'21'27"E
386.87'
(1-2)
(N71' 12'27"E.
386.64'
L3
N69'09'25"E
184.94'
0
N71-11'17"E
185.29`
L4
N69'09'53"E
375.74'
1-4
N69' 14`38"E
375.65'
OF
�P G� S T f,p
� 9
PAUL J. FLUGEL
5096
0,
oaQO
SURJ�
G-s T.oz3
DATE OF SURVEY: 05/31/23
PLOT DATE: 06/05/23
DRAWING NO.: 1890-003-ANNEX
PROJECT NO.: 1890-003
T.B.P.E.L.S. FIRM NO. 10124500 UI
DRAWN BY: PAQ
SHEET 1 OF 2
��na—mil
BEARING BASIS: THE TEXAS COORDINATE
SYSTEM OF 1983 (NAD83), CENTRAL ZONE,
BASED ON GPS SOLUTIONS FROM THE LOCAL
REAL TIME NETWORK (RTN)
ATTACHMENTS: METES AND BOUNDS
DESCRIPTION 1890-003-ANNEX
(1,156.001 ACRES) HIM PARKSIDE LP
F 5/8" (2018114043)
L2 L3 L4
(1,156.001 L1
ACRES) �71" = 300'
L1 L2
ID o (17.60 (22.599 ACRES)
N - ELIZABETH
ACRES) ANN DUFNER
c; (2014063597)
04
co
r•
(76.00 ACRES)
GORDON
WINSTON FAUBION
(2005101511)
LO OD
(q M
(93.60 ACRES)
N
(2005043418)
N
L
� r
M
N
rM r
z z
P.O.B.
N
N
Z
29.02 ACRES
AREA TO BE ANNEXED
\ co
o 'd'
co �'
u�
(17.60 ACRES)
N N
ELIZABETH
ANN DUFNER
�W
(2014063597)
u)
czo
O �
vl 0
S69'43'37"W 598.37'
11.18 ACRES
PREVIOUSLY ANNEXED TO
CITY OF GEORGETOWN
(ORD. 2005-101)
o0)
04
O Fo O
O
O N r
Z
W
h
J
P.O.C.
415.79'
375.09' ILL
ILL
72.50',7--
S69'43'37"W 863.38' UI
FM 2243 (80' R.O.W. WIDTH) /I,�����
1 myAr-1,
0
O
PARKSIDE ON THE RIVER
PHASE 2, SECTIONS 4 AND 7
(2022128238)
PARKSIDE ON THE RIVER
PHASE 2, SECTION 2
(2021 190055)
04
c CURRENT CITY LIMITS
0 o OF GEORGETOWN
cn (PER ORDINANCE NO.
lE
2005-101, "...PARALLEL WITH
AND 1001 FEET NORTHERLY
OF AND NORMAL TO THE SAID
NORTHERLY RIGHT—OF—WAY
LINE OF FM 2243... ')
ON
oMPS
N TN Y 0F
JoSEP S�RvE o,
A 6
�T N
gSTRA
(1,156.001 ACRES)
HIM PARKSIDE LP
(2018114043)
CHORD BEARING=(N78'00'05"E)
CHORD DISTANCE=(560.42')
RADIUS=(1949.86')
/ARC LENGTH=(562.37')
SHEET 2
Exhibit C
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND ELIZABET11 ANN DUFNER
This Municipal Services Agreement ("Agreement") is entered into on the Z clay of
August, 2023 by and between the City of Georgetown, Texas, a home -rule municipality of the
State of Texas ("City") and Elizabeth Ann Dufner ("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 4706 Leander Road, which
consists of approximately 29.02 acres of land in the J. Thompson Survey, Abstract 608, 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. 2023-6-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.
Water Oak (2023-6-ANX) Municipal Service Agreement
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City,
including the City's infrastructure extension policies and developer or
property owner participation in accordance with applicable city
ordinances, rules, regulations, and policies.
i. Fire Protection and Emergency Medical Services — The City of
Georgetown Fire Department will provide response services in the
annexed area consisting of fire suppression and rescue; emergency
response to 9-1-1 calls; fire prevention education efforts, and other
duties and services provided by the Georgetown Fire Department.
ii. Police — The City's Police Department will provide protection and
law enforcement services.
iii. Planning and Development, Building Permits and Inspections
Services - Upon annexation, the City will provide site plan review;
zoning approvals; Building Code and other standard Code
iricpertinn enyiceg; C.ty Code ei1LVrVV—,MCnt, sig"u rZY—,uiairOns and
permits; and Stormwater Permit services in the annexed.
iv. Parks and Recreational Facilities. Residents of the Property will be
permitted to utilize all existing publicly -owned parks and
recreational facilities and all such facilities acquired or constructed
after the Effective Date (including community service facilities,
libraries, swimming pools, etc.), throughout the City. Any private
parks, facilities, and buildings will be unaffected by the
annexation; provided, however, that the City will provide for
maintenance and operation of the same upon acceptance of legal
title thereto by the City and appropriations therefor. In the event
the City acquires any other parks, facilities, or buildings necessary
for City services within the Property, the appropriate City
department will provide maintenance and operations of the same.
V. Other Publicly Owned Buildings. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Library — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utility Services — The Property will be included in the
Cky'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
Water Oak (2023-6-ANX) Municipal Service Agreement
2
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 Another Water or Wastewater Utility -City-
owned water and wastewater facilities that exist in the annexed
area will be maintained in accordance with City ordinances,
standards, policies and procedures.
X. Solid Waste Services -- The City will provide solid waste
collection services in accordance with existing City ordinances and
policies, except where prohibited by law.
xi. Code Compliance - The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal Control Services - Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Regulations - Upon annexation, the City
shall provide business licensing services (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge
or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and
Other Vehicles for I-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 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
Water Oak (2023-&ANM Municipal Service Agreement
if the same type of fee is imposed within the corporate boundaries of the
City. All City fees are subject to revision from time to time by the City in
its sole discretion.
d. It is understood and agreed that the City is not required to provide a
service that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE, LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority
and legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that annroval 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. SEVERABHATY. 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.
0. 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 pariy's right to insist upon appl-upriate
performance or to assert any such right on any future occasion.
0. GOVERNMENTAL POWERS. It is understood that by execution of this
Water Oak (2023-&AN}) Municipal Service Agreement
4
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
inforinational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the
parties, their successors, and assigns. The term of this Agreement constitutes
covenants running with the land comprising the Property, is binding on the Owner
and the City, and is enforceable by any current or future owner of any portion of
the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
M.
Mayor
Approved as to Form:
Skye Masson
City Attorney
Water Oak (2023-6-ANX) Municipal Service Agreement
5
Attest:
Robyn�Dnwre.--TW-C.��
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day of(-11 <`J . 2023,
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal co ration, on behalf
of said corporation.
F
/ I
By: --.
Notary Public, State of Texas „�; -- ----- --
:'s`• LINDA RUTH WHITE
My Notary ID # 124936123
^•' Expires May 24, 2024
(OWNER l )
Water Oak (2023-&ANX) Municipal Service Agreement
6
By:
Elizabeth Ann Dufiler
Owner
Sate of ?'e :s, §
County of _pjUV §
This instrument was acknowledged before me on the 2-1c; day of J UN , 2023, by
of Elizabeth Ann E(ufner.
By: ,(� �+ ,
Notary Public, State of Texas
LILY LAGANT
z°.°.• �� Notary Public, State of Texas
Q� Comm. Expires 12-06-2025
%ip,;,,'�`� Notary ID 13347511-2
Water Oak (2023-6-ANX) Municipal Service Agreement