HomeMy WebLinkAboutRES 111423-5.B - JMA Gabriel ForestRESOLUTION NO. I I IW z3 —5--E,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 10.066 ACRES OF LAND FROM THE CITY OF
GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"),
SAID LAND BEING GENERALLY LOCATED NORTH OF STATE
HIGHWAY 29 AND WEST OF DB WOOD ROAD, WILLIAMSON
COUNTY, TEXAS, RESULTING IN A REDUCTION OF
GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 17, 2023, the City of Georgetown, Texas, received a petition requesting
release from its ETJ of a 10.066 acre tract of land in the Isaac Donagan 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. I ( l 4 ;2 3 — !�, Q
Regarding Release of Petition Area Page 1
lu. oc(,o 0.c42 5
3 t' A — C-lub(" e.l Svc esi
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the
ILI-& dayof iI�M , 2023.
CITY OF GE UGETOWN, TEXAS
By:_
Josh
ATTEST:
mIE 4, MI, N"1�
APPROVED AS TO FORM:
By:
Skye Mass n, Cit Attorney
Resolution No. (I Iq;Z3 —.5. b
Regarding Release of Petition Area Page 2
o. o to
Exhibit A
Petition
Resolution No.
Regarding Release of Petition Area
'-CEP 7.-) RECEIVED
STATE OF TEXAS § (; " OCT r 7 2023
COUNTY OF Williamson § laty ..4.ary City Secretary
PETITION FOR RELEASE FROM EXTIZATE12RITORIAL
JURISDICTION ("ETJ") AREA BY LAN DOWNER PURSUANT
TO CHAPTER 42.101 SUI3CI-IAPTER 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 fai is 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 October 10, 2023
JMA Entity LLC
Signed.
By: John MAch - manager
John Which date of birth -
Address: 4203 Spinnaker Cove, Austin, TX 78731
ELECTRONICALLY RECORDED 2022068790
Exhibit °D" Williamson County, Texas Total Pages: 6
Space Above This Line For Reco,ding Data
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL,i-kg$bN, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING,,INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST?N REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC REOIQpW)S: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
Effective Date:
Grantor:
SPECIAL WARRANTY DEED WITH VEND61 '&L.IEN
June 1, 2022
GABRIEL FOREST PROPER
Gr•antor's Address: 8 Valley Trail,
Grantee: JMA ENTITY LLC, a
Grantee's Address: 4203
Consideration: Ten and No/1
which is hereby acknowledge
$1,700,000.00 and is executed
secured by a vendor's lien rota
security agreement, ofeyeiiZat
HA, Trustee. . _ ( (
limited liability company
liability company
Cove, Austin, Texas 78731
*sand other good and valuable consideration the receipt of
;�aote of even date that is in the principal amount of
at�; payable to the order of Grantor ("Lender"). The note is
fhVor of the Grantor in this deed and by a deed of trust and
Grantee to BENJAMIN K WILLIAMS and BENJAMIN H.
BEM" A,`1Q.066 ACRE TRACT OF LAND LOCATED IN THE ISAAC
DO CLAN SORVEY, ABSTRACT NO. 178, WILLIAMSON COUNTY, TEXAS,
SAID I d� d1.66 ACRE TRACT BEING
�C�L-ED,52.04 ACRE TRACT OF LAND RECORDED IN VOLUME 516, PAGE
j(-513;"DEED RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING THE
REtiIA1NING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBED IN
`� , DQCUMENT NO.2000010817, OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS; SAID I0.066 ACRE TRACT BEING MORE
\�l
THE REMAINING PORTION OF A
2022068790 Page 2 of 6
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE
ATTACHED EXHIBIT "A".
.�
TRACT2:
Two (2) access easements out of the Isaac Donas�an Survey, Abstract No. 17$; Wi7fiahison
County, Texas, as established by instrument recorded in Volume 574, P®g�-447, Deed
Records, Williamson County, Texas.
Reservations from Conveyance:
None \J
Exceptions t v
f o Con a ance and Warranh .
Liens described as part of the Consideration and any Ether ltehs_described in this deed as
being either assumed or subject to which title is taken; validly^exist ft easements, rights -of -way, and
prescriptive rights, whether of record or not; validly existf�g restrictive covenants common to the
platted subdivision in which the Property is located; all presV. � recorded and validly existing
reservations, conditions, oil and gas leases, rruneral iutreSts,-and water interests outstanding in
persons other than Grantor, and other instruments, o{$ier that conveyances ofthe surface fee estate,
that affect the Property; validly existing rights of adjoining owners in any walls and fences situated
on a common boundary; any discrepancies; eonfficts,, r shortages in area or boundary lines; and any
encroachments or overlapping of unproyements.
Grantor, for the Consideration and subject to` the Reservations from Conveyance and the
Exceptions to Conveyance and W ai ganty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it
to Grantee, Grantee's heirs, exeico
rs; administrators, successors, and assigns forever. Grantor binds
Grantor and Grantor's heir., extos; administrators, anal successors to warrant and forever def encl
all and singular the Propert�niee?a'n Grantee's heirs, executors, administrators, successors,
and assigns against every person, omsoever lawfully claiming or to claim the same or any part
thereof, when the claim j;Ayr t6ugh, or under Grantor but not otherwise except as to the
Reservations frogrpon4�ance'* the Exceptions to Conveyance and Warranty.
Standb}es,�taites, and assessments by any taxing authority for the year 2022 and
subsequent years; a-nd•subsoquent taxes and assessments by any taxing authority for prior years due
to change in land usage or ownership.
Th%'veh&es7ien against and superior title to the Property are retained until each note
deseribedA fully paid according to its terms, at which time this deed shall become absolute.
�When.the context requires, singular nouns and pronouns include the plural.
�\ \ (Signature page to follow)
2
2022068790 Page 3 of 6
GABRIEL FOREST PROPERTffl a Texas limited liability c�om
(_olam;C�v
TIC STATE OF;D 8& SZ,
COUNTY OF _ --
Thisinsqumeritwas acknowledgedbeforeme
KEETON, Manger of GABRIEL FOREST PROP,
on behalf of said limited liability company. [ l
NOTARY Pl1lll�C ' STATE OF CO.L iMDO j
NO7 10 20134002448
KV CO3*WS ON HXP M JM 19, 20I5
PREPARED BY: �� ~
Law Office ofBen Williams, P O
14119 Lake Creak Pkwy, Ste 241
Austin, Taxes 78729
0072-011
L0BW/K0Ck W1200
Bxwnda
day 0f`A=, 2M by]AMES R.
a Teas limited liability company,
Public, Stag � •�
Air Recording Return to:
2022068790 Page 4 of 6
EXHIBIT "A'
Legal Description
TRACT l:
BEING A 10.066 ACRE TRACT OF LAND LOCATED IN THE ISAAC DONAG� I UA)*,
ABSTRACT NO, 178, WILLIAMSON COUNTY, TEXAS, SAID 10.066 ACRE TRACT -BEING -THE
REMAINING PORTION OF A CALLED 52.04 ACRE TRACT OF LAND RECORDED 1N..�QLUME
516, PAGE 513, DEED RECORDS, WILLIAMSON COUNTY, TEXAS ! p / 1TiG THE
REMAINING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBED W , I ENT NO.
2000010817, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.; SA1D d0.066 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND VPUNDS. AS FOLLOWS:
BEGINNING at a 1/2 iron rod located in the north right-of-way line of St86 Hightiyay 29, said point being
in the west line of said 28.59 acre tract, being the southeast corner of the ie�iaining portion of said 52.04
acre tract, the southeast corner of a called 3.0 acre tract recorded in Volt -l522; page 808, Official Public
Records, Williamson County, Texas and being the southwest comer of the i eiei 'described tract;
1. Thence, with the southwest line of the remaining portion d 2�59-acre tract, the northeast line of
said 3.0 acre tract, the northeast line of the remaining porti of sar 52.04 acre tract, NI8°33'13"W, a
distance of 828.24' to a 1/2" iron rod found at the northeast cQ of 4id 3.0 acre tract, said point being an
interior comer of the herein described tract;
2. Thence, with across said 52.04 acre tract, vit"c-gorEhweseline of said 3.0 acre tract as evident on the
ground, S 64133' 01" W, a distance of 181.z1•', to a t/2'.i d-n rod found at the northwest comer of said 3.0
acre tract, the southeast comer of a called/ 1. , acre trac recorded fin Document No. 2003065626, Official
Public Records, Williamson County, Texa`;•.lite,north6a'st corner of a called 1.0 acre tract recorded in
Document No. 2008009771, Official Public Reeo?ds, .WiIharnson County, Texas and being a southwest
corner of the herein described tract;
3. Thence, with the west line of the-remairiing•portion of said 52.04 acre tract, the east line of said 1.0 acre
tract recorded in Document No. 2 / 562,6' -N 21° 04' 45" W, a distance of 183.26' to a 1/2" iron rod
found for angle; (,�/��1
4. Thence, with the west line iheYe� i—Aing portion of said 52.04 acre tract, the east line of a called 0.802
acre tract recorded in Volufne�; Page 913, Official Public Records, Williamson County, Texas, N 200
52' 45" W, a dist$rice of 1 S2.93' t 1/2" iron rod found for angle;
5. Thence, «<itb *4est-lthe. of the remaining portion of said 52.04 acre tract, the east line of a called 0.802
acre tract recorded`in Vgluiiie' 1275, Page 310, Official Public Records, Williamson County, Texas, N 200
54' 35" W, a dl�tOnce o%168.44' to a 1/2" iron rod found for angle;
6. Thencg,Vki�h.the west line of the remaining portion of said 52.04 acre tract, the east line of a called 1.0
acre trac6 r4corde4 �n Document No. 2011088023, Official Public Records, Williamson County, Texas, N
20" 34!,Qa".,%.a-4ktance of 29.34' to a 1/2" iron rod set with a blue "QUICK INC RPLS 6447" plastic cap
locedd'aftlie southwest corner of a called 49.96 acre tract, recorded in Volume 2649, Page 772, Official
Records, Williamson County, Texas;
~,\ N,
`l., Thence, with the southeast line of said 49.96 acre tract, the northwest lines of the remaining portion of
s"..' .04 acre tract and said 28.59 acre tract, N 70° 39' 32" E, a distance of 435.51' to a 1/2" iron rod found
at $ ; nterior corner of said 49.96 acre tract, said point being the northeast corner of the herein described
Page I of 2
2022068790 Page 5 of 6
8. Thence, with the west line of said 49.96 acre tract, S 19° 20' 28" B, a distance of1438.96t 'to..ld2" iron
rod set with a blue "QUICK INC RPLS 6447" plastic cap for the southeast corner of the herein. dl scribed
tract, said point being in the north right-of-way line of State Highway 29 being a curva-to, tht.jigb)
containing a radius of 5679.65, a central angle of 02*43' 1211, a chord which bears N88"'24'�4"W a chord
distance of269.60 ,
9. Thence, with said curve to the right a curve length gh gth of 269.63 to the POINT OF B cdntainu�b
10.066 acres of land.`
TRACT TWO:
Two (2) access easements out of the Isaac Donagan Survey, Abstract Tf Williamson County,
Texas, as established by instrument recorded in Volume 574, Page 447, Dee9ecords; Williamson County,
Texas.
Page 2 of 2
2022068790 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022068790 L��>
Pages:6 Fee: $42.00 �.
06/03/2022 03:44 PM
MISHER
Nancy E. Rister, County Clerl`
Williamson County,Texas
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CERTIFICATE OF RESOLUTION
STATE OF TEXAS
COUNTY OF WILLIAMSON
I, JOHN MUHICH, Manager of JMA ENTITY, LLC, a Delaware limited
liability company (the "LLC"), do hereby certify that the said LLC is duly organized and
existing under the laws of the State of Delaware, that all franchise and other taxes
required to maintain its existence have been paid when due and that no such taxes are
delinquent, that no proceedings and pending for the forfeiture of its Certificate of
Formation or for its dissolution, voluntarily or involuntarily; that it is duly qualified to do
business in the State of Texas and is in good standing in such State; that there is no
provision of the company's operating agreement ("Operating Agreement") or by-laws of
said Operating Agreement that is in conflict with the petition; that John Muhich is the
Manager and duly authorized sole Officer to act on behalf of the LLC. The Manager is
the keeper of the records and minutes of the proceedings of the members of the LLC, and
effective October 12, 2023, the following resolution was duly and legally adopted in
conformity with the by-laws and Operating Agreement of the LLC and the laws of the
State of Delaware, and that the same has not been altered amended, rescinded or repealed
and is now in full force and effect and no members of JMA ENTITY, LLC has objected,
contested, or withdrawn their consent to enter and close the transaction:
RESOLVED: John Muhich, as its Manager, is hereby authorized and empowered
on behalf of JMA ENTITY, LLC to petition the City of Georgetown, Texas (the "City")
for release from the City's Extraterritorial Jurisdiction ("ETJ" ), and all for such actions
needed to be taken by said officer that said officer, in his sole opinion, deems in the best
interests of said LLC: and the Manager is further authorized or empowered to deliver to
the City any and all documents required by the City for release of the City's ETJ, and to
do any and all other things on behalf of the LLC, which may be necessary and proper to
carry into effect the purpose of this resolution.
I further certify that I am the sole authorized officer of JMA ENTITY, LLC, a
Delaware limited liability company, and am authorized to act and sign for the foregoing
resolution,
DATE: � October 12, 2023
JMA ENTITY LLC,
a Delaware limited liability company
JOHN fv1 IIC I -I, its Manager
JOINED HEREIN BY 81 % SHAREHOLDER:
JSMA LLC,
a Delaware limited liability company
JOH- O-MUHICH, its President
Exhibit B
Legal Description and Map
Resolution No.
Regarding Release of Petition Area
2022068790 Page 4 of 6
EXHIBIT "A'
Legal Description fir
TRACT I. -
BEING A 10.066 ACRE TRACT OF LAND LOCATED IN THE ISAAC DONAG ' 'W'RVEY,
ABSTRACT NO. 178, WILLIAMSON COUNTY, TEXAS, SAID 10.066 ACRE TRACT BEING -THE
REMAINING PORTION OF A CALLED 52.04 ACRE TRACT OF LAND RECORDEDIIN.V9LUME
516, PAGE 513, DEED RECORDS, WILLIAMSON COUNTY, TEXAS %�— j't31~1NG THE
REMAINING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBED 1N 60CUMENT NO.
2000010817, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.; SAID 10.066 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND l"b`� .,AS FOLLOWS:
i
BEGINNING at a 1/2" iron rod located in the north right-of-way line of S.14 Highway 29, said point being
in the west line of said 28.59 acre tract, being the southeast corner of,tke t^ethtuning portion of said 52.04
acre tract, the southeast corner of a called 3.0 acre tract recorded in Voltlq� j522 page 808, Official Public
Records, Williamson County, Texas and being the southwest corner of the4" n described tract;
I. Thence, with the southwest line of the remaining portion aid AS 9 gere tract, the northeast line of
said 3.0 acre tract, the northeast line of the remaining porti�iof sar )52.04 acre tract, NI8033'13'W, a
distance of 828.24' to a 1/2" iron rod found at the northeasucQ�ie'r oEid 3.0 acre tract, said point being an
interior corner of the heroin described tract;
2. Thence with across said 52.04 acre tract,l `) ycitti the-oorEhwesf Jtne of said 3.0 acre tract as evident on the
ground, S 640 33' 01" W, a distance of 181,2't. to a '1/21 #dh rod found at the northwest corner of said 3.0
acre tract, the southeast corner of a called/L.6 acre irac recorded in Document No. 2003065626, Official
Public Records, Williamson County, Texas; .lhe, northeast corner of a called 1.0 acre tract recorded in
Document No. 2008009771, Official_ Public RdaQ?ds; ,Williamson County, Texas and being a southwest
corner of the herein described tract; r
3. Thence, with the west line of the..remairii4portion of said 52.04 acre tract, the east line of said 1.0 acre
tract recorded in Document No. Z 3i16562,6;-N 21° 04' 45" W, a distance of 183.26' to a 1/2" iron rod
found for angle;
4. Thence, with the west linevf bi. teln`aining portion of said 52.04 acre tract, the east line of a called 0.802
acre tract recorded in Voli4me'26,0?, Page 913, Official Public Records, Williamson County, Texas, N 20°
52' 45" W, a distance of 152.93' t0 1/2" iron rod found for angle;
5. Thence, wiO tbie ,Viest-lihc of the remaining portion of said 52.04 acre tract, the east line of a called 0.802
acre tract recor4ed'ui Volume 1275, Page 310, Official Public Records, Williamson County, Texas, N 200
5413511 W, a clistiince of 168.44' to a 1/2" iron rod found for angle;
6. Thence Vith'the west line of the remaining portion of said 52.04 acre tract, the east line of a called 1.0
acre trail recordO n Document No. 2011088023, Official Public Records, Williamson County, Texas, N
20" 34'.Q, " W,-a•$istance of 29.34' to a 1/2" iron rod set with a blue "QUICK INC RPLS 6447" plastic cap
locoed-afthe southwest corner of a called 49.96 acre tract, recorded in Volume 2649, Page 772, Official
P0114 Records, Williamson County, Texas;
`9; T�heiice, with the southeast line of said 49.96 acre tract, the northwest lines of the remaining portion of
sal Sr.04 acre tract and said 28.59 acre tract, N 70° 39' 32" E, a distance of 435.51' to a 1/2" iron rod found
at linterior corner of said 49.96 acre tract, said point being the northeast corner of the herein described
��iract;
Page 1 of 2
2022069790 Page 5 of 6
8. Thence, with the west line of said 49.96 acre tract, S 190 20' 28" E, a distance of1438.96t tom!/2" iron
rod set witb a blue "QLITCK INC RPLS 6447" plastic cap for the southeast corner of the hereiA.AesFribed
tract, said point being in the north right-of-way line of State Highway 29 being a curve to iht-jig4t
containing a radius of 5679.65, a central angle of 02*43' 12", a chord which bears N88"12 "4 4 a�hord
distance of269.60; `
9. Thence, witb said curve to the right a curve length of 269.63' to the POINT OF H Containing
10.066 acres of land. 1 l
TRACT TWO: /;:�-
Two (2) access easements out of the Isaac Donagan Survey, Abstract . . 1�78; * Williamson County,
Texas, as established by instrument recorded in Volume 574, Page 447, `ecor�da; Williamson County,
Texas. N.N._
Page 2 of 2
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