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HomeMy WebLinkAboutRES 121223-5.E - ETJ DisannexationRESOLUTION NO. 1712 Z,3 -5 C- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 15.63 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 October 20, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 15.63 acre tract of land in the John McQueen 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: 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 No.1M-LZ,3 -5. E Release of Petition Area Page 1 PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the I ?.tt-,,, dayof '���.in,L ��P� , 2023. CITY OF GO)WETOWN, TEXAS By: Josh chr eder, Mayor ATTEST: Robyn Dens ore, City Secretary APPROVED AS TO FORM: By: Skye Mas n, C ty Attorney Resolution No. IIATIS •S•6 Release of Petition Area Page 2 Exhibit A Petition Resolution No. _ Regarding Release of Petition Area RECEIVED PETITION FOR RELEASE OF AREA OCT 21- 2023 FROM THE EXTRATERRITORIAL JURISDICTION City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: The undersigned (hereinafter called "Petitioner"), being a majority of the persons who hold title to land(s) situated within the area hereinafter described, which represents a total value of more than 50% of the value of all such area as indicated by the tax rolls of the WILLIAMSON County Appraisal District, acting pursuant to Section 42.102 of the Texas Local Government Code, as amended, hereby respectfully petitions the City of GEORGETOWN, Texas (hereinafter called the "City"), for the removal of the area described in Exhibit A herein (the "Property") from the extraterritorial jurisdiction (the "ETJ") of the City. In support of this Petition, Petitioner would respectfully show: I. Petitioner has authority, pursuant to Section 42.102(b) of the Texas Local Government Code, to file this Petition as the owner(s) of the majority in value of an area of land in a municipality's ETJ. II. This Petition is signed by a majority in value of the holders of title of land in the area as described by the Petition, as indicated by the tax rolls of the WILLIAMSON County Central Appraisal District and evidenced by an affidavit attached as Exhibit B. This Petition has satisfied the signature requirements described by Sections 42.103 and 42.104(a) of the Texas Local Government Code and Chapter 277, Election Code, not later than the 18011 day after the date the first signature for the Petition is obtained. IV. The signature collected for this Petition is in writing, pursuant to Section 42.104(c) of the Texas Local Government Code. V. The Property is located in WILLIAMSON County, Texas, and totals approximately 5.07 acres, as described in Exhibit "A", all of which is located within the extraterritorial jurisdiction of the City and, to the best of the Petitioner's knowledge, is not subject to any of the exceptions from applicability described in Section 42.101, Texas Local Government Code. VI. This Petition shall be verified by the City Secretary of the City or other person at the City responsible for verifying signatures. VII. The City must notifythe residents or landowners of the District of the results of the Petition, which notification requirement may be satisfied by notifying the Petitioner in writing. VIII. If Petitioner has obtained the signatures on the Petition required under Section 42.104, Texas Local Government Code to release the District from the City's ETJ, the City shall immediately release the District from its ETJ pursuant to Section 42.105(c), Texas Local Government Code. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Petition be filed with the City Secretary of the City of GEORGETOWN Texas, and that, thereafter, the District be removed from the extraterritorial jurisdiction of the City, in the manner provided by law, including particularly Sections 42.102-105 of the Texas Local Government Code, as amended, that after this Petition has been granted, that it and the Petitioner's action thereon be filed of record and be recorded in the Office of the City Secretary of GEORGETOWN, Texas; and that Petitioner have such other order and relief to which they may show itself entitled. If the City Council has not released the Property from the ETJ by the later of the 45th day after the date the City receives this Petition or the next meeting of the City Council that occurs after the 30th day after the date the City receives this Petition, the Property shall be released by operation of law pursuant to Chapter 42.105(d), Texas Local Government Code. [Remainder of Page Intentionally Blank] RESPECTFULLY SUBMITTED this 20th day of October, 2023. NAME: RICHARD GARY DATE OF BIRTH: RESIDENCE ADDRESS: 7801 N CAPITAL OF TX HWY #390, AUSTIN, TX, 78731 DATE OF SIGNING: 10/19/2023 STATE OF TEXAS § COUNTY OF WILLIAMSON This instrument was acknowledged before me on this a day of , 2023, by"rAGAAI 3 MaMev of64io44an individual, on behalf of said OWNER. (SEAL) ►.... CYNTHIA REED • t My Notery ID # 12227672 Explree January 29,2025 Notary A� Print me EXHIBIT "A" LEGAL DESCRIPTION OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAL JURISDICTION AW0426 AW0426 - Mcqueen, J. Sur., ACRES 5.07 [SEE ATTACHED SURVEY] EXHIBIT "B" AFFIDAVIT OF OWNERSHIP OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAL JURISDICTION Affidavit of Ownership State of TEXAS County of WILLIAMSON Richard Gary and Joe Williams, as Managers of Optin Holdings 1, CR107, and having authority to make the claims below say that: For Property Description Optin Holdings 1, CR107 is the legal owner of one parcel of property, identified as follows: 301 CR 107, Georgetown, Property ID R040056, 5.07 acres AW0426 AW0426 - Mcqueen, J. Sur., ACRES 5.07 Possession Optin Holdingsl, CR107 took ownership of the properties on: January 18, 2023, for Property ID R040056 as recorded by instr# 2023005095 Liens No claim or action has been brought to my attention which questions my title or right to possession of the property and to my knowledge, no actions are pending against me in any court. We attest we are the majority owners of this entity and by right have authority to make this request. `clI — % -- ts -. D- -2� _ MANAGER fbC Op�\olding� , CR017, Ri hard Gary Date 1. MA04GER for Optin HoldUgs 1, CR017, Joe Williams Date This instrument was acknowledged before me on this 19th day of October 2023, by personal appearance before me of Richard Gary and Joe Williams as Managers of Optin HojcJui' gs, TX Sys LLC. State of TEXAS County of WILLIAMSON E "A REED Notary ID # 12227Fxpires January 29, Notary Public My Commission Expires CYNTHIA REED •' _ My Notary ID # 12227672 Expires January 29, 2025 S:12012_PROJECTS\1231 B 301 CR 107\DOCUMENTS-FIELD NOTES\12318.00 5.07ac.odt 1 /8/2013 Page 1 of 3 FIELD NOTES: 5.07 ACRES All that certain tract or parcel of land situated in Williamson County, Texas, out of the John McQueen Survey, Abstract No. 426 and being a portion of that tract described as 20 acres to R.D. Hyden, Sr. and wife Lena Hyden by deed dated September 26, 1974 and recorded under Volume 596, Page 512 of the Deed Records Williamson County, Texas, and also being all of that tract described as 0.69 acre to R.D. Hyden, Sr. and wife Lena Hyden by deed dated February 24, 1975 and recorded under Volume 604, Page 611 of said Deed Records and further described by metes and bounds as follows: BEGINNING at a 112 inch iron pin found at the corner of a pipe and wire fence line at the end of wooden fence in the northerly margin of Williamson County Road 107 for the southeasterly corner of a called 21.97 acre tract to Robert K. Fowler, Trustee by Special Warranty Deed with Vendor's Lien dated May 10, 2002 and recorded under Document No. 2002037279 of the Official Public Records of Williamson County,Texas and the southwesterly corner of said Hyden tract (Vol. 604,Pg.611) and this tract, from which a 1/2 inch iron pin found for the southwesterly corner of said Fowler tract bears S 68°24'41" W 299.81 feet; THENCE N 01 °52'01" W 436.86 feet along easterly line of said Fowler tract and the westerly line of said Hyden tract (Vol. 604,Pg.611) to a 5/8 inch iron pin found for an angle point of this tract and being the northerly corner of said to Hyden tract (Vol. 604, Pg.611) and an angle point of said Hyden tract (Vol. 596,Pg.512) and this tract; THENCE N 21 °48'27" W 346.14 feet continuing along the easterly line of said Fowler tract and the westerly line of said Hyden tract (Vol. 596,Pg.512) and this tract to a 5/8 inch iron pin found at a fence corner for an angle point in the westerly line of a called 15.612 acre tract to R D. Hyden, Sr. and wife Lena Hyden in a Warranty Deed dated August 14, 1986 recorded under Volume 1406, Page 41 of the Official Records of Williamson County, Texas and being the northwesterly corner of said Hyden tract (Vol. 596,Pg,512) and this tract, from which a 3/4 inch iron pipe at an angle point in the easterly line of said Fowler tract and in the westerly line of said Hyden tract (Vol. 1405,Pg.41) bears N 21°18'51" W 79.09 feet; THENCE along the westerly line of said Hyden tract (Vol. 1405,Pg.41) and the northerly line of the said Hyden tract (Vol. 596,Pg.512) and this tract, the following two (2) courses: 1. S 80°35'42" E 218,82 feet to a 1/2 inch iron pin with yellow plastic cap inscribed "CS, LTD" set for an angle point; 2. S 83°37'47" E 121.65 feet to an iron pipe found for an interior corner of said Hyden tract (Vol. 1405,Pg.41) and being the northeasterly corner of said Hyden tract (Vol, 596,Pg.512) and this tract; THENCE S 19029'57" E 587.95 feet to a 3/4 inch iron pipe found in the northerly margin of said County Road for the southwesterly corner of said Hyden tract (Vol. 1405,Pg,41) and the southeasterly corner of said Hyden tract (Vol. 596,Pg.512), and this tract from which a 5/8 inch iron pin found at the southeasterly corner of said Hyden tract (Vol. 1405,Pg.41), bears N 69°01'21" E 183.55 feet; THENCE S 68°22'03" W 272.34 feet along the northerly margin of said County Road and the southerly line of said Hyden tract (Vol. 596,Pg.512) and this tract to a 1 inch iron pin found, for the southeasterly corner of said Hyden tract (Vol. 604,Pg.611) and the southwesterly corner of said Hyden tract (Vol. 596,Pg.512) for an angle point of this tract; SA2012 PROJECTS112318 301 CR 1071DOCUMENTS-FIELD NOTES112318,00_5.07ac.odt 1/8/2013 Page 2 of 3 THENCE S 68027'08" W 147.34 feet along the northerly margin of said County Road and the southerly line of said Hyden tract (Vol. 604,Pg.611) and this tract to the Point of Beginning and containing 5.07acres, Bearings cited hereon based on Grid North, Texas State Plane Coordinated System, Central Zone NAD83(93). Castleberry Surveying, Ltd, 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 K9� ouis Crider Registered Professional Land Surveyor Nor 5624 KLC/dbc g! \� « / § may/ �M £y « / amw ZZ N Y�N'm �g{Iv qm :Y J 0 0 L O z D CO cil o O° A Z O m tt 66�F YNx° o o N ot II z < AC o 0o mz To O pD{ ate, C) PA NAA 00 o zmm E <zb r9 In In c Mm f W (N ,T]s'i5W W..M' YC Exhibit B Legal Description and Map Resolution No. Regarding Release of Petition Area S:\2012_PROJECTS\12318 301 CR 10700CUMENTS-FIELD NOTES\12318.00_5.07ac.odt 1/8/2013 Page 1 of 3 FIELD NOTES; 5.07 ACRES All that certain tract or parcel of land situated in Williamson County, Texas, out of the John McQueen Survey, Abstract No. 426 and being a portion of that tract described as 20 acres to R.D. Hyden, Sr. and wife Lena Hyden by deed dated September 26, 1974 and recorded under Volume 596, Page 512 of the Deed Records Williamson County, Texas, and also being all of that tract described as 0.69 acre to R.D. Hyden, Sr. and wife Lena Hyden by deed dated February 24, 1975 and recorded under Volume 604, Page 611 of said Deed Records and further described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pin found at the corner of a pipe and wire fence line at the end of wooden fence in the northerly margin of Williamson County Road 107 for the southeasterly corner of a called 21.97 acre tract to Robert K. Fowler, Trustee by Special Warranty Deed with Vendor's Lien dated May 10, 2002 and recorded under Document No. 2002037279 of the Official Public Records of Williamson County,Texas and the southwesterly corner of said Hyden tract (Vol. 604,Pg.611) and this tract, from which a 1/2 inch iron pin found for the southwesterly corner of said Fowler tract bears S 68°24'41" W 299.81 feet; THENCE N 01 °52'01" W 436.86 feet along easterly line of said Fowler tract and the westerly line of said Hyden tract (Vol. 604,Pg.611) to a 518 inch iron pin found for an angle point of this tract and being the northerly corner of said to Hyden tract (Vol. 604,Pg.611) and an angle point of said Hyden tract (Vol. 596,Pg.512) and this tract; THENCE N 21 °48'27" W 346.14 feet continuing along the easterly line of said Fowler tract and the westerly line of said Hyden tract (Vol, 596,Pg.512) and this tract to a 5/8 inch iron pin found at a fence corner for an angle point in the westerly line of a called 15.612 acre tract to R.D. Hyden, Sr. and wife Lena Hyden in a Warranty Deed dated August 14, 1986 recorded under Volume 1405, Page 41 of the Official Records of Williamson County, Texas and being the northwesterly corner of said Hyden tract (Vol. 596,Pg.512) and this tract, from which a 3/4 Inch iron pipe at an angle point in the easterly line of said Fowler tract and in the westerly line of said Hyden tract (Vol. 1405,Pg.41) bears N 21*18'51" W 79.09 feet; THENCE along the westerly line of said Hyden tract (Vol. 1405,Pg.41) and the northerly line of the said Hyden tract (Vol. 596,Pg.512) and this tract, the following two (2) courses: 1. S 80°35'42" E 218.82 feet to a 1/2 inch iron pin with yellow plastic cap inscribed "CS, LTD" set for an angle point; 2. S 83°37'47" E 121.65 feet to an iron pipe found for an interior corner of said Hyden tract (Vol. 1405, Pg.41) and being the northeasterly corner of said Hyden tract (Vol. 596,Pg.512) and this tract; THENCE S 19°29'57" E 587.95 feet to a 3/4 inch iron pipe found in the northerly margin of said County Road for the southwesterly corner of said Hyden tract (Vol. 1405,Pg.41) and the southeasterly corner of said Hyden tract (Vol. 596,Pg.512), and this tract from which a 5/8 inch iron pin found at the southeasterly corner of said Hyden tract (Vol. 1405,Pg.41), bears N 69°01'21" E 183.55 feet; THENCE S 68°22'03" W 272.34 feet along the northerly margin of said County Road and the southerly line of said Hyden tract (Vol. 596,Pg.512) and this tract to a 1 inch iron pin found, for the southeasterly corner of said Hyden tract (Vol. 604,Pg.611) and the southwesterly corner of said Hyden tract (Vol. 596,Pg.512) for an angle point of this tract; S:12012_PROJECTS\12318 301 CR 107\DOCUMENTS-FIELD NOTES\12318.00 5.07ac.odt 1/8f2013 Page 2 of 3 THENCE S 68°27'08" W 147.34 feet along the northerly margin of said County Road and the southerly line of said Hyden tract (Vol. 604,Pg.611) and this tract to the Point of Beginning and containing 5.07acres. Bearings cited hereon based on Grid North, Texas State Plane Coordinated System, Central Zone NAD83(93). Castleberry Surveying, Ltd, 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 Ke -It ouis Crider Registered Professional Land Surveyor No 5624 KLC/dbc m_ A»mol, | ! .m ' 4 qw 2N ® J C_ O Dz UD n D 0 00 O A c Zm� Z DN m O O �� 'NFO oJo� z 0➢ m �m m N N r J 00 N m O0>-< NOAA (/� NAA 00 (Z� �JAIm/� 11C V / C N 01Z° $� < h lv 6 O rn < A a�Ay �o�r=aD ��mZmNV � O m �G�IxZDA M/n J U OAAo V1 J NZ N ? D O (N IT.Is'zs'1Y