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HomeMy WebLinkAboutRES 121223-5.D - ETJ DisannexationRESOLUTION NO. ISI L2, 'S•� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 5.13 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED NORTH OF UNIVERSITY BOULEVARD AND WEST OF STATE HIGHWAY 130, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 13, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 5.13 acre tract of land in the Logan Ranch Subdivision (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: To the extent required by state law, 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. The City Council is not consenting to this reduction of its ETJ except as required by state law. SECTION 4. This Resolution shall take effect immediately upon its passage. Resolution NoAzx-L-t,3 —5 U Release of Petition Area Page 1 PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the 1dayof Q"Ad8� , 2023. CITY OF GE(>R(;ETOWN, TEXAS By: Josh chr�,Mayor ATTEST: By: Robyn Densm re, City Secretary APPROVED AS TO FORM: By: Skye Masson, Cit Attorney Resolution No. Milt'5.5•-b Release of Petition Area Page 2 Exhibit A Petition Resolution No. Regarding Release of Petition Area November 9, 2023 Skye Masson City of Georgetown, City Attorney 809 Martin Luther King, Jr. St. Georgetown, Texas 78626 COBB&JOHNS 501 Congress Ave., Suite 150 Austin, Texas 78701 bill@cobbjohns.com 512-399-3150 N 0 V 1 3 2023 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Georgetown Dear Ms. Mason, 1. Frank W. Hauser Jr. ("Owner") files this Petition pursuant to TEX. Loc. Gov'T CODE § 42.102. 2. Frank W. Hauser Jr. owns property within the extraterritorial jurisdiction of the City of Georgetown located at 226 Logan Ranch Road, Georgetown, Texas 78628, PID R043089 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Georgetown to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. Loc. GoV'T CODE § 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the extraterritorial jurisdiction, if the owner's property in question meets the applicability requirements of TEX. Loc. GOV'T CODE § 42.101 and the petition requirements of TEX. Loc. Gov' T CODE § 42.104. 5. Owner's Property meets the applicability requirements of TEX. Loc. GOV'T CODE § 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX. Loc. Gov' T CODE § 42.101, the undersigned swears that the Property is not: (1) within five miles of the boundary of a military base, as defined by TEX. Loc. GoV T CODE § 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: November 9, 2023 © Cobb & Johns PLLC Page 1 COBB&JOHNS (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 TEX. Loc. Gov'T CODE § 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. Loc. GoV'T CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. Loc. GOV'T CODE § 43.0751. 7. This Petition meets the requirements of TEX. Loc. Gov'T CODE § 42.104 8. As required by TEX. Loc. GOVT CODE § 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Williamson Central Appraisal District. 9. As required by TEX. Loc. GoV'T CODE § 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX. Loc. GoV'T CODE § 42.103, the signature is valid pursuant to TEX. ELEC. CODE § 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (iii) county of registration; (C) the signer's residence address; and November 9, 2023 © Cobb & Johns PLLC Page 2 COBB&JOHNS (D) the date of signing. 12. As required by TEX. Loc. GOVT CODE § 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. Loc. GoV'T CODE § 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. Loc. GOV'T CODE § 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. Loc. Gov'T CODE § 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. 16. Pursuant to TEX. Loc. Gov'T CODE § 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Georgetown, the City must immediately release the area —Owner's Property —from the City's extraterritorial jurisdiction. 17. Pursuant to TEX. Loc. GOV'T CODE § 42.105(d), if the City fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day after the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area — Owner's Property —is released by operation of law. November 9, 2023 © Cobb & Johns PLLC Page 3 COBB&JOHNS OWNE AME: FRA K W. HAUSERJR. Si ature Date of b"rth Voter registration number H A (Z[zx s Voter county of registration 14-53Z-09AMBL E W O u b -b2. Residence address {`{ �`��� , -rK Date of signing November 9, 2023 © Cobb & Johns PLLC Page 4 ExmiT A DEED AND PROPERTY MAP © Cobb & Johns PLLC ELECTRONICALLY RECORDED 2023039261 Williamson County, Texas Total Pages: 3 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 any instrument that transfers an interest in real property befor�)!t-4 filed for record in the public records: your Social Security number or your driver's license number. Date. May 2023 C Grantor: Patricia AR Nicosia a/k/a Patricia Rhodes Nicosia a/k/a Patricia Ann Rhcd�li,�osiel Grantor's Mailing Address: l 1 l c�Al i kt Grantee: Frank W. Hausei Grantee's Mailing Address: Consideration: TEN AND NO/100 DOLLARS ($10.00) and other ' odiapo, aivable consideration. Property (including any improvements): Lot 62, of LOGAN RANCH, SECTION 1, a subdivision nin UVill�m6n County, Texas, according to the map or plat of record in Cabinet E, Slides 7-12, of th t Record$ f Williamson County, Texas. Reservations from Conveyance: None. Exceptions to Conveyance and Warearity: This conveyance is made and accepted subject to all restrictions, covenants, conditions, *hts`of•way, assessments, outstanding royalty and mineral reservations and easements, if any,,a eating the above described property that are valid, existing and properly of record, as reflected by t�t�� of s`of the County Clerk of the aforesaid County, and subject further to the taxes for the curre' t.ye r•a• subsequent years, which Grantee assumes and agrees to pay. Grantor, for the ConkOerati�tl. nnd, t bject to the Reservations from Conveyance and the Exceptions to Conveyance and 4;arrarity,,gr'antsrsells, and conveys to Grantee the Property, together with all and singular the right a d,�ppurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's hN65,sucte5sgrs, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to worxarii-aN forever defend all and singular the Property to Grantee and Grantee's heirs, successors, an assi r► reoflc against every person whomsoever lawfully claiming or to claim the same or any part thecept��l to the Reservations from Conveyance and the Exceptions to Conveyance and Warra t v 36-T-170542/KM Recorded by Texas National Title 2023039261 Page 2 of 3 When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS ) Patricia AR Nicosia a/k/a Patricia R des Ntcosla a/k/a Patricia Ann Rhodes Nicosi C '•a t� COUNTY OF ���• �. This Instrument was acknowledged before me on M f^ 2023, by Patricia AR Nicosia a/k/a Patricia Rhodes Nicosia a/k/a Patricia Ann Rhodes Nicosi, •`; Dk lz� 4b aY pi.• . tary Public, State of Texas •� R ••.,72g8p�9: ro �� i 36-T-170542/KM Recorded by Texas National Title 2023039261 Page 3 of 3 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023039261 Pages:3 Fee: $30.00 O5/16/2023 08:50 AM LMUELLER f .� k Q Nancy E. Rister, County Clerk Williamson County,Texas J Li �ovle ' �r Tax Parcel: R043089 Gavle In WCAD Record More info Search Parcel R043089 Identification Number Stated Area 5.13 F Owner UNAVAILABLE Q SiteAddress 226 LOGAN RANCH RD, GEORGETOWN, W TX 78628 Abrract 54012 - Logan Ranch p Entities CAD,GWI,RFM,SGTF08 6 m , Book 0 Page 0 InstrumentNumber 0 Zoom to ... EXmIT B AFFIDAVIT OF FRANK W. HAUSERJR. IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GEORGETOWN Before me, the undersigned authority, on this day personally appeared, Frank W. Hauser Jr., who under oath stated as follows: 1. My name is Frank W. Hauser Jr.. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. I am a property owner in the extraterritorial jurisdiction of the City of Georgetown. My property is located at the following address: 226 Logan Ranch Road, Georgetown, Texas 78628, PID R043089 (the "Property"). 3. There is 1 owner of the Property: Frank W. Hauser Jr.. I own 100% of the interest in the Property. 4. I swear that the property is not: (1) within five miles of the boundary of a military base, as defined by TEX. Loc. Gov'T CODE § 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 TEX. Loc. GOV'T CODE § 43.0117, at which an active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. Loc. Gov'T CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. Loc. Gov'T CODE § 43.0751. 5. I swear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of which I signed such petition. I swear that I satisfied the signature requirement of TEX. Loc. GOV'T CODE § 42.104(b) within 180 days followin a date the f st signature for the petition was obtained. Frank W. Hauser Jr. Sworn and subscribed to before me on this the 1 day of November, 2023. Noo ary4ublic in and for the State of Texas F M My Notary D 0126491&0 ,,ov!.'' ExpiresAecemper7 © Cobb & Johns PLLC �25 Exhibit B Legal Description and Map Resolution No. Regarding Release of Petition Area ELECTRONICALLY RECORDED 2023039261 Williamson County, Texas Total Pages: 3 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 any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: May 2023� Grantor: Patricia AR Nicc Grantor's Mailing Address: Grantee: Frank W. Hause Grantee's Mailing Address: Consideration: TEN AND NO/10 Property (including any improve Lot 62, of LOGAN RANCH, SECTION 1, a subdivision in Williarrlsaii bounty, Texas, according to the map or plat of record in Cabinet E, Slides 7-12, of th e--Pt Records - f Williamson County, Texas. Reservations from Conveyance: None. �� ) Exceptions to Conveyance and Warranty` This con eyance is made and accepted subject to all restrictions, covenants, conditions, r fsway, assessments, outstanding royalty and mineral reservations and easements, if any,l� ting_ the above described property that are valid, existing and properly of record, as reflected,by t� tomi s'of the County Clerk of the aforesaid County, and subject further to the taxes for the curr-4t;,re f afM subsequent years, which Grantee assumes and agrees to pay. ((�7\� Grantor, for the Con4laeratl(tl ncl�Jbject to the Reservations from Conveyancq and the Exceptions to Conveyance and Walirjan`ttygr'ants-,-sells, and conveys to Grantee the Property, together with all and singular the rigt�t�a, CL. ppurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's hgirs;,suctessors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to %yarrz!nt-4T0 forever defend all and singular the Property to Grantee and Grantee's heirs, successors, aA�! assi against every person whomsoever lawfully claiming or to claim the same or any part thereof,) xcept s to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.\, 36-T-170542/KM Recorded by Texas National Title t} Tax Parcel: R043089 WCAD Record More in Search Parcel Idemification Number Stated Area 5.13 Owner UNAVAILABLE 5iteAddress 226 LOGAN RANCH RD, GEORGETOWN, I / TX 78628 Abrract 54012. Logan Rench Entities CAD,GWI,RFM,SGT,FOB Book 0 Page 0 instrumentNumber 0 ,/ Zoom to ...