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HomeMy WebLinkAboutRES 010924-5.F - Disannex 3231 Shell RdRESOLUTION NO. 0109 214 — • F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 6.02 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED SOUTH OF SUN CITY BOULEVARD AND WEST OF STATE HIGHWAY 195, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 5, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 6.02 acre tract of land in the William Roberts 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. ET-5 p•,s toc4'ia� (A. 07, act' 323� 5411 R04 VS00:,n010 l.L PASSED AND APPROVED by the City Council of the City of Georgetown, qW_ dayof 2024. CI' By Jos ATTEST: By: Robyn Densm re, City Secretary APPROVED AS TO FORM: By: Skye Ma son, Ci Attorney Texas, on the c\IA zy -5• F ITS p•,�,,�fi� ('0. o2 aext-s 3231 P-A �Jas�r►oja LI.L Exhibit A Petition Resolution No. Regarding Release of Petition Area PETITION FOR DISANNEXATION December 5, 2023 RE: Petition to disannex property with parcel no - R502911 Contact info: Main Contact: Project Manager — Christopher Sypniewski 512.906.8064 csypQoutlook.com Owner of Wasinojo LLC that owns property: Daniel Dance 512.549.8762 daniel@almightyrentals.com Petition to disannex property with parcel no - R502911 RECEIVED City Secretary Member Resolution State of Texas County of Williamson THE UNDERSIGNED, being members of the WASINOJO LLC, limited liability company under the laws of the state of Texas, do herby certify that the following is correct copy of a resolution duly authorized by the members of the company, we certify the same to be correct transcript of such resolution and of the whole thereof. Be IT RESOLVED by the members of the company that: Daniel Dance is hereby authorized and empowered on behalf of WASINOJO 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 WASINOJO LLC: and the Managing member is further authorized or empowered to deliver 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 WASINOJO LLC, which may be necessary and proper to carry into effect the purpose of this resolution. The undersigned certifies that Daniel Dance of WASINOJO LLC, a Texas limited liability company, and that the foregoing is true and correct copy of a resolution duly adopted by the members of WASINOJO LLC, and that the Resolution has not been rescinded or amended and is still in full force and effect. WASINOJO LLC, a Texas Limited liability company r Signed: By: Daniel Dance - Managing Member By: Daniel Dance - DOB: Email: daniel@almightyrentals.com Phone: 512.549.8762 Residential Address: 1509 Bootys Crossing RD Georgetown Tx. 78628 Petition to disannex property with parcel no - R502911 2 State of Texas County of WM�VOA510,) This instrument was acknowledged before by v Notary Public Signature Petition to disannex property with parcel no - R502911 me on �2 6 23 (date) i1*pY Pie^ DANA SHERICE JACOBS Notary ID #12 9393961 My Commission Expires ''ror December21,2026 STATE OF TEXAS § COUNTY OF WILLIAMSON § PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION ("ETJ") ARE BY LANDOWNER PURSUANT TO Chapter 42.101 SUBCHAPTER D, TEXAS Local Government Code The undersigned WASINOJO 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 the Texas Local Government Code 42. 1 01,Subchapter D (the "Statute"). The Property is described as: (R502911) - 6.02 acres of land, more or less, out of they WILLIAM ROBERTS SURVEY, Abstract No. 524 in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. 1. THE STATUTE APPLIES TO THE PETITIONERS PROPERTY The property is not 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 the 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 which an active training program is conducted; Petition to disannex property with parcel no - R502911 4 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 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 Municipalities Extraterritorial Jurisdiction. 3. MUNICIPALITY'S ACTIONS OUNCE 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 the 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. 4. 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 receives the petition, the area is released by operation of law. Sign d: :� Residential Address: 1509 Bootys Crossing RD By: Daniel Dance - Managing Member Georgetown Tx. 78628 By: Daniel Dance - DOB: - Email: daniel@almightyrentals.com Phone: 512.549.8762 Petition to disannex property with parcel no - R502911 5 State of Texas County of 1\\ � a-'m5° v'\ This instrument was acknowledged before me on i2 5 23 (date) by `1I.#J S- v ?4�0.Y PVO^ DANA SHERICE JACOBS Notary ID #128193961 N. }� My Commission Expires �jE pF Ste' December 21, 2026 Petition to disannex property with parcel no - R502911 PGS i�iN11119Y�NIIIIIRIIW �:o =°""° '' General Warranty Deed Date: December 14, 2015 Grantor: DANCE ENERGY, L.L.C., a Louisiana limited liability company Grantor's Mailing Address: 2507 Cherryfield Court Shreveport, Louisiana 71118 Grantee: WASINOJO, LLC, a Texas limited liability company Grantee's Mailing Address: 2534 Shell Road Georgetown, Texas 78628 Consideration: Cash and other good and valuable consideration, the'receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): 6.02 acres of land, more orldss, out of the WILLIAM ROBERTS SURVEY, Abstract No. 524, in the real property -records of Williamson County, Texas, and being more fully described in Exhibit "A," 'attached hereto and incorporated herein by reference. Reservations from Conveyance: None I . Exceptions to Conveyance -and Warranty: t. None Graptor,.for'the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and ;to hold,it-to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and - Crrantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to clairn the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2015109142 Page 2 of 4 GRANTEE IS TAKING THE PROPERTY IN AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES, THE CONSIDERATION WAS BARGAINED ON THE, BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE,. PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR,,UvlPLIED ' WARRANTIES. GRANTEE HAS NOT RELIED ON ANY INFORMATION OTI-MR THAN GRANTEE'S INSPECTION. When the context requires, singular nouns and pronouns include the plunl:'/ STATE OF LOUISIANA CADDO PARISH r' This instrument was acknowledged before me on DLc F1Bfc 15 2015, by CLAUDE DANCE, as the Manager,of•DANCE ENERGY, L.L.C., a Louisiana limited liability company. DANCE ENERGY, Ll ;C., a Louisiana limited liability company, CLAVbE DANCE,'Manager rotary Public, State of Louisiana My commission expires: _ SUSAN P.CHAMBERS ID # 60542 MY COMMISSION IS FOR LIFE AFTER RECORDING RETURN TO! WASINOJO, LLC 2534 Shell Road Georgetown, Texas 78628 2015109142 Page 3 of 4 Exhibit A LAND SI1f:1+1C1rIN(: 0011il"ANY, INC. 130U.MDAft7- r, TOI'0G11-%PHIC • �tUYSJ'1:LCTIU\ S CP awirtR R0A0, SUI7'IC 100 V1101E: HBO-H10-18IH 10FAM: A11181�1C7a?C\ T(`.OU�I I'MLD NOTE DESCRIPTION FOR A 6.02 ACRE TRACT OF LAND BEING A 6,112 ACRE TRACT OF LAND LOCATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO.524, WILLIAMSON COUNTY, TEXAS, BEING ALL OFT"AT CERTAIN 5.100 ACRE TRACT OF LAND (EXHIBIT A) RECORDED IN DOClJMGNT No. 20091141849, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS AND A 0.92 ACRE TRACT OF LAND OUT OFTHAT CERTAIN 5.100 ACRE TRACTOFLAND (EXHIBIT B) RECORDED IN DOCUMENT No. 20091)41849, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 6.02 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS: BEGINNING ul a 12" rohor found with -MDS" cap In the northwest d4lu-of-way of SIuII,Rrt1d (79.75' RO.1V. — Beld mizowred), at the trod eumer of o called 6.1111111 acre rend rcwrdcd In Da unwxn it 3008071536, 00i6ul Ieuhlie Records, 1Villlranspn Counly, Tawas, the wtith cumerordie obove memicnul 5.IUC acre tact (L%hlbll A) and 11te south comer orthe herein descrTsd WCL• Tll ENCJi, departing the nonitwol right•or-wny Ilne orSheli Road, with the nntihmil boundary lino orthe called cow gene tract and the snulhwcst boundary line of the culled 5,100 uem tnei (Exhibit Al:-Nurth,43023'39" Wert, a distance of 1212AG feet (North 43622'39" Wmi 1212,89'. record), to u 1/2" relou round with " MDr cop In Ihe,houthwat boundary line torn tallied 438 ucre tmcL ruurdod in Document No, 201.16015593. Offlcial Public kcord5, Ni•Iliamwn,Courtly. Texas, at the west corncrofthe called 5ADD ace tract (Ewhlblt A), the north comu of the ra allttl 0.0011 uc tract fin tl1c,i4csl carrier of the herein d:salbed true, sold point hrurn Nnnit 65°0h'35" Flwi- a distance or217.70 I'ai front it I!2" rcbar rbund a1 the west earner of the culled 6.Of10 act uaet: TIIENCE, with the southeast boundary line of the culled 430 ucn: tract, Ihcpnrth%%,ost hntmdury line ol'thc called 5.10D act: Moat. (Exhibit A) and the narthwcta boundary line or the above mentioned 5.1191 acre wcl (Exhlbii B), North 65006'35" East, a distance of 23930 fact (North 65-38'410" r:tws record), N it 12" reb:rrst:l wilt."KIDS" rep I•or Ilse north comer orthc herein drsenbed tract; THENCE, dclourting, the saudrerst haundary line: oriiw called 4.38 acre Imd and hovering the called 5.IOU gem tract. (Exhibit. B), South 43023'39" Fast; a distance or I09635 feet (n0.rixord), in a 12" rebar found in the norlhwrsi right-ar-%uv or5hcll Raud, same hiring the soulficasi boundary line ortloc called 5, (CHI utxe; truci (Exhibit 0) rorlhe east comer'orthe herein described tract: TIIENCE, with the nunhwes! riEOn•u!-way line or Shell Rand, the stwthoat boundan line of Utc mlltd i.IW acre wet IExhibit H) and The souihe:nl houndap• line of the called 5.IOtl ncre unto (EtJoibit A). South 36°28'(4" \Vest distaacc of 230.56 feat (South 3710(1'50" 1VCSL rrcnal), to the POINT OF UFCINNING. and enntnining 6.02 acrL'S of land. more ur lesx. Nolc Tldw deariptinn is based on tut on the ground survey perfanntd an 0329/200H and revised on 01/t82013. eatahl6hed from the WIS S4 Cnrtrdinalc tiystcm. A survey plat with name dui -jcevmpeudc. this description. ''l y'i •(� David M. Klein / t •ti:; ;A p jr ,.: � } � . i� :_ t^ ;t 1.&Jcred Prorb-ziorml Land Surveyor NnS5211 Jtth q 03-3087A EXHIBIT'C'my llte basis of bearings teas 2015109142 Page 4 of 4 Dine, CAG t LED AND RECORDED ..CIAL PUBLIC RECORDS 2815109142 f . h ..Nancy E. Rister, County Clerk Williamson Count Texas Y December 16, 2015 12:20 PM FEE: $29.00 TKIRK M 10 Z 0 0 ED= Exhibit B Legal Description and Map Resolution No. Regarding Release of Petition Area 2015109142 Page 3 of 4 Exhibit A J.AND STIh1rI9YINi3 CON113ANY, INC. IIUII. WARY t TOPOGRAPHIC* CONSPRL:CTION 4-SI'laNCRIZ ROAD, SU171IC 100 111IU\7L: Hilo -RI (1-18114 U;AIAI7�: Yilt8lNC:a?IIVTQ,t:UDd FIELD NOTE DESCRIPTION FOR A 6.02 ACRE TRACT OF LAND BEING: A 6.02 ACRE TRACT OF LAND LOCATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO.524, WILLIAMSON COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 5.100 ACRE TRACT OF LAND (EXHIBIT A) RECORDED IN DOCUMENT No. 2909041849, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS AND A 0.92 ACRE TRACTOF LAND OUT OFTHATCERTAIN &I00 ACRE'I'RACTOF LAND (EXHIBIT B) 1ILCORDL•D IN DOCUMENT No. 20119041849, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. SAID 6.02 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS: 1EGINNING ul a 112" rahar found with -MDS" cap In the nortimcst right-of-wayorStnll Itoad (79.75' R.O.W. - Ileld mrssurcd), at the eusi comer ol'n called 6.0110 acre truel recorded In Datumtrtt 1: 2(00715316. O(licinl I'ublle Rccurds. Willtnmson County, I ua;. the nwth comer of 111L above mentioned 5.100 ucw tract (L'shibll A) and the south comer of the herein described tm cc TIIENCF- &pMing the nurlhweol right -or --way line of Shell Itoad, with the nonitt:aci. batindiuy line of the culled 6,000 acre tract and the snuthwcst boundary line or the culled 5.100 Vern Inm (Exhibit A). Nar th a3"22'39" West, a dh taocu of 121288 feet (North 43022'39" WLA 1212,88'. record), to it IJZ" rebo r found seitll "IWpS" Lop In the suutliwt buundaty line torn tadltd 438 trot: truce rcLurdWin DoLument No. 2606015593. 0MLial Public Kmo ds. %VIIli amsun Cnunty. Texas, at the %vest comer of doe cnitcd 5.100 =w Im= (Eshlblt A), the nor0t comet of lhu calk-tl 6.000 It= irtct for the wc�t comer of the heroin d scrlbL•d tract, sold point tours Nnnh IL.t°0h'35" I�.i'L n dlstmcc of 217.70 lei fmm a U3' Ober found at acre tccst comer of dtc Lvllal 6.0(IU otn order. -I'llENCE, with the southeast boundary line of the culled 43H licru imci, IhepMlm-cst hn(mdury line al'thi: called 5.IOU acre dual (E-dlibit A) and the nunhwem hnundarp Ilne of the above. mendnnnl 5.0rtcre trust (1301b(t B), Nurtb 65°06'35" -rust, a distance of 23930 feat (North 6598-IW fast, racanlj In it I12" rebut act with "NI D. ' cap Ibr Ilia north comtr of the herein drst7(bad tract; T1lENCE, dclunting the souWtztst boundary lira ordw called 4.38 u= trod and hevrring the cWcd 5.100 acre tract (LNhiblt D), South 43°22'39" East, a dirtonce of 109635 feet (no wvoid), In a li3' wbar found in the nmt)mest rigln-ar-\mv of SheII Rma4 some being the soulhcasi boundary line of arc culled 5.11111 ncrc tract (i ahihil (3) far ibe ease comcr'of dtc herein described tract: TIIENCE, with the northwLM ntJit•ul-%Yuy line of Shell Rani. the southeast boundan liar` of dtc co)Icd 5.IU0 acre wu (lishibit 8) and the soulheag boundary line of the sidled 5.1011 ncrc tnxt (L)JOil A). South 36028104" West, distance of 230S6 feat (South 37°UU'30" %Vest. record), to the POINT OF BEGINNING, and containing 6.02 ucrts of land- mow ur le_m. Note: Tlds dccriptinn is based on utt un the ground survey purfarntcd on 03P-9/21.1011 and raviad an U1/18CUll. mailIRshod fmm the WQS 54 Conrdinotc• Syslcm. A survey plat w(1h jonoeduufaetvmp utiti. this duscriplion. Q F David M. Klein - Q \S t .7 •..;_..( Rcpl>7cnd Proresslanol Land Surveyor No.5528 Jnh# U8-208TA .� �, �.5y'/ �dC'•. tot-'. " EXHIBIT " A The fowls of bumonFs %vas a©® d N M UI P U7 D W V (,� x W D V VI (� .� Ln N ON l 0 N O N W r N D� P P co V) z O wr ;o ul m m ? p Ln O r O o G1 Ol O in Lq Z a r n N m o N a L) D i T O m 3 O m L c z X 3 ,4- Petitioned for ETJ Removal GEORGFTOWN „a� .... Wasinojo LLC 6.02 �y I u ` ge�rY G��eM ® Property e- `.� Georgetown ETJ City limits 2SO SOo US Feet