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HomeMy WebLinkAboutRES 112707-V - Create MUD 23RESOLUTION NO. 112707-V District Consent Resolution A RESOLUTION GRANTING THE CONSENT OF THE CITY OF GEORGETOWN, TEXAS, TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION WHEREAS, the City of Georgetown (the "City") received a Petition for Consent to the Creation of a MUNICIPAL UTILITY DISTRICT for 397.768 acres currently located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit A; and WHEREAS, Section 54 016 of the Texas Water Code and Section 42.042 of the Local Government Code provide that land within a municipality's extraterritorial jurisdiction may not be included within a district without the municipality's written consent, NOW, THEREFORE, BE IT RESOLVND BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the City Council of the City of Georgetown, Texas, gives its written consent to the creation of the Williamson County Municipal Utility District No. 23 on 397.768 acres of land, and subject to the terms and conditions of the Consent Agreement with the City, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended; and the Development Agreement for Oaks at San Gabriel Subdivision, as amended. PASSED AND APPROVED on the 27`" day of November, 2007. Gary N9In Mayor ATTEST: Shirley J. Rinn,"Dfruty City Secretary PETITION FOR CONSENT TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 TO THE HONORABLE GOVERNING BODY OF THE Cl'1 Y OF GFORGETOWN, TEXAS: The undersigned (herein the "Petitioners"), holding title to land hereinafter described by metes and bounds, and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, respectfully petition the governing body of the City of Georgetown, Texas, for its written consent to the creation of a municipal utility district and would show the following: I The name of the proposed District shall be Williamson County Municipal Utility District No. 23 (the "District"). II The District shall be created and organized under the teinns and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code. The District shall contain an area of 397 768 acres of land, more or less, situated in Williamson County, Texas. The land to be included in the District is within the extraterritorial jurisdiction of the City of Georgetown, Texas (the "City"). All of the land proposed to be included niay properly be included in the District. The land proposed to be included within the District consists of one (1) tract described by metes and bounds in Exhibit 'A", which is attached hereto and incorporated herein for all purposes. IV. Petitioners hold title to land within the District and are the owners of a majority in value of such land, as indicated by the tax rolls of Williamson County, Texas There are no lienholders on any portion of the land. V. The general nature of the work to be done by the District at the present time is the design, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes, and the design, construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, and such other design, construction acquisition, improvement maintenance and operation of such additional facilities, systems, plants and enterprises as shall be consonant with all of the purposes for which the District is created. 307948-1 09/17/2007 Exhibit "A" Resolution No. 112707-V Page 1 of 11 VI. There is, for the following reasons, a necessity for the above -described work. The area proposed to be within the District is urban in nature, is within the growing environs of the City of Georgetown, Texas, and is in close proximity to populous and developed and developing sections of Williamson County, Texas There is not now available within the area, which will be developed for single family residential and commercial uses, an adequate waterworks system, sanitary sewer system, or drainage and stoim sewer system. The health and welfare of the present and future inhabitants of the area and of the territories adjacent thereto require the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of an adequate waterworks system, sanitary sewer system, and drainage and stoini sewer system. A public necessity, therefore, exists for the creation of the District to provide for the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of such waterworks system sanitary sewer system, and drainage and stoim sewer system, to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. Petitioners, by submission of this Petition, request the City's consent to the creation of the District containing the land as described by metes and bounds in the attached Exhibit "A". A preliminary investigation has been made to determine the cost of the proposed. District's project, and it is now estimated by the Petitioners, froin such information as they have at this time, that such cost will be approximately $19,596,198. WHEREFORE, Petitioners pray that this petition be heard and that the City Council duly pass and approve an ordinance or resolution granting the consent to the creation of the District and authonzing the inclusion of the land described herein within the District. RESPFCTFULLY SUBMl'1TFD this LIB day of Cc totbES— , 2007. OAKS AT SAN GABRIEL, L L C , a Texas limited liability company By HEARTHSTONE, INC., a California corporation, its Manager 2 CNCCA"--ck c---/ Sandra A Lambert Vice President — Associate General Counsel 307948 1 09/17/2007 Exhibit "A" Resolution No. 112707-V Page 2 of 11 State of California ) ss. County of Marin On October 16, 2007, before me Angie Wong, Notary Public, this instrument was acknowledged before me by SANDRA A. LAMRE RT, Vice President -Associate General Counsel of Hearthstone Inc., a California corporation, Manager of Oaks at San Gabriel, LLC, a Texas limited liability company, on behalf of said limited liability company. W1 INEss my hand and official seal. Notary's Signature 3 307948-1 09/17/2007 t-- '.'3.. ANGIE WONG k 1 `'Y COMM. # 1532078 NOTARY PUBUC-CAUFFORNIAD MARIN COUNTY 0 COMM. EXP. DEC 4 2008 vw-CI ., a (Seal) Exhibit "A" Resolution No. 112707-V Page 3 of 11 EXHIBIT "A" Description of Proposed Land 4 307948-1 09/17/2007 Exhibit "A" Resolution No. 112707-V Page 4 of 11 STATE OF TEXAS COUNTY OF WILLIAMSON EXB_IT "A" 39 7.768 ACRES SI I.`UATED EN THE A.1 PORTER SURVEY, A-490 AND THE L DONAGAN SURVEY, A-178 IN WILLIAMSON COUNTY, TEXAS LEGAL DESCRIPTION DESCRIPTION OF A 397.768 ACRE TRACT OF LAND SITUATED IN TU K A. H. PORTER SURVEY, ABSTRACT NO. 490 AND THE IAAAC DONAGAN SURVEY, ABSTRACT NO. 178, Th WILLIAMSON COUNTY, "TEXAS, BEIING ALL OF THAT CERTAIN 70.00 ACRE TRACT CALLED TRACT ONE AND DESCRIBED AS EXHIBIT "A BEING ALL OF THAT CERTAIN 40.00 ACRE TRACT CALL >F,D TRACT TWO AND DESCRIBED AS 'EXH.IBIT "B-1" AND THAT 0.50 ACRE TRACT ALSO CAT LED. TRACT TWO AND DESCRIBED AS EXHIBIT `B-2", BEING ALL OF THAT CERTAIN 744 525 ACRE TRACT OF LAND CALLED TRAC I THREE, LESS AND EXCEPT 39.995 ACRES DESCRIBED AS EX�IIBIT "D,. A2ND BEING ALL OF THAT CERTAIN 35,93 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT "C" ALL AS DESCRIBED IN IHF DEED TO THE ROTHELL FAMILY LIMITED PARTHERSHIP, L.P„ OF RECORD LNT VOLUIVM 2527, PAGE 28 OF THE OFFICIAL PUBLIC RECORDS OF WILLLAIVMSON COUNTY TEXAS AND BEING ALL OF THE REMAINING 39.995 ACRE TRACT OF THAT CERTAIN 2/11.79 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO I -I. H ROTHELL SR, OF RECORD IN VOLUME 649 PAGE 604 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 397.768 ACRE TRACT, BRING DESCRIBED BY ME I'ES AND BOUNDS AS FOLLOWS: BEGINNING at a / inch iron rod found for the northwest comer of that certain 1.67 acre tract. of land as described in a deed to Edwin 0. Brown, et ux, of record in. Volume 936., Page 519 of the Deed Records of 'Williamson Comity, Texas, being also the northeast corner of said 40 00 acre Tract Two (E)thibit B-1), and being in the south line of said 244.525 acre Tract Three; THENCE S 15'40'55" E, with the east line of said 1.67 acre Brown tract, the east line of said 40,00 acre Tract Two (Exhibit B-1) and the east line of the herein described tract, for a distance of 626.35 feet to a 1/2 inch iron rod found for the southwest corner of that certain 1.92 acre tract of land as described in a deed to Rebecca S. Colson of record in Document ZWA-JOB NO. FN07-003-01-Rev Page 1 of 7 397.768 ACRE TRACT Exhibit "A" Resolution No. 112707-V Page 5of11 I -o_ 2000070887 of the O_Iicial Public Records of Wiiiamson County; Texas, and being the northwest comer of said 0.50 acre Tract Two (Exhibit B-2); THENCE N 74°27'32" E, with the south line of said 1.92 acre tract, the north line of said C.50 acre Tract Two (Exhibit B-2) and continuing with the east. line of the herein described tract, at a distance of 219.67 feet pass a 1/2 inch iron rod found, for a total distance of 244.67 to a calculated point for the northeast corner of said 0.50 acre Traci Two (Exhibit B-2), being also the southeast corner of said 1.92 acre tract and reing iri the center of a 50 foot wide Right -Of -Way and Easement of record in Volume 711, Page 507 of the Deed Records of Williamson County, Texas; THENCE S 15°22'57' F, with the east line of said 0.50 acre Tract Two (Exhibit B-2), the center of said 50 foot wide Right -Of -Way and Easement, and the east line of the herein described. tract, for a distance of 89.20 feet to.a calculated point for the southeast confer of said 0 50 acre Tract Two (Exhibit R-)) and being the northeast. corner of that certain 3.00 acre tracl of land as described in a deed to Jeffery A. Maidlow of record in Voltnne 2125, Page 276 of the Deed Records of Williamson County, Texas; THENCE S 74°27' 32" W, with the south line of said 0.50 acre Tract Two (Exhibit B-2), the north line of said 3.00 acre Maidlow tract and continuing with the east line of the herein described tract, at a distance of 25.00 feet pass a ' inch iron rod fund, for a total distance of 24420 feet to a % inch lion rod with cap stamped ZWA set for the southwest .comer of said 0.50 acre Tract Two (Exhibit B-2), being also the northwest corner of said .3.00 acre Maidlow tract and being in .the east line of said 40.00 acre Tract Two (Exbbit B- 1); THENCE S 15°40'55" E, with the east line of said 3.00 acre MMIaidlow tract; the east line of said 40.00 acre Tract Two (Exhibit B-1) and continuing with the east line of the herein described tract, for a distance of 2754,42 feet to a 2 inch iron rod wit cap stamped ZWA. set for the southeast corner of the 'herein described tract, being also the southeast corner of said 40 00 acre Tract Two (Lxhibit B-1), being also the soutlmest corner of Lot 1; Chaparta.l Subdivision of record in Cabinet T, Sltdes 96-97 of the Plat Records of Williamson County, Texas, and being in the north line of State Highway 29, a 1.00 foot wide right-of-way; THENCE N 82°26'58" W. with the south. lines :of said 40.00 acre Tract Two (Exhibit B- 1), the south line of said 35,93 acre Exhibit C, the south line of said 39 995 acre remaining tract; the north line of said State Highway 29 right-of-way and the south line of the herein described tract, for a distance of 1829 20 feet to a % inch iron rod with cap stamped 7WA set for the southwest corner of the herein described tract. being also the southwest corner of said 39.995 acre remaining tract and being the southeast coiner of Lot 2, Block .B, Cimarron Hills Phase One Section Four P.U.D, of record in Cabine+ 1., Slide 39 of the Plat Records of Williamson. County Texas; THENCE with the west line of said 39.-995 acre remaining tract, the east line of said Cimarron Hills Phase One Section Four P.U.D.., th tie east line of that certain 51..982 ZWA- JOB NO. Fly 0 7-003-01-Rev. Page 2 of 7 397,768 ACRE TRACT Exhibit "A" Resolution No. 112707-V Page 6 of 11 acre tract of land as described in a deed to Pivotal Cimarron Hills, L.P. of record in Document No 2004099556 of tae Official Public Records of Williamson County, Texas, with the east line of Cimarron Hills Phase One Section Three 'P.U.D. a subdivision of record in Cabinet LT, Slide 93 of the Plat Record; of Williamson County, Texas; the west line of Cimarron Hills Phase One Section Six, P U D a subdivision of record in Cabinet. L, Slide 195 of the Plai Records of Williamson County, Texas anc tae west line of tote herein described tract the following four (4) courses and cistances; 1) N 22°O1'49" W for a. distance of 602,24 feet to a '/ inch iron rod found for an angle point, •N 21°03'41" W at a distance of 1501.60 pass a '/ inch iron rod found for the northwest corner of said. 39.995 acre remaining tract and being the southwest corner of said 211.525 acre Tract Three, at a distance of 3488.80 feet pass a '/ inch iron rod found for the southeast .corner of said Cimarron Hills Phase One Section Six P.U.D., and being the northeast comer of said Cimarron Halls Phase One Section Six P.1.J_D.; for a total distance of 4476.39 feet .to a'V2 inch iron rod found for an angle point, N 19°53'07" W for a distance of 167.09 feet to a % inch iron .rod found for an angle point, and 4) N 10°5 7'29" W for a distance of 138.78 feet to a 1/2 inch iron rod found for the northwest corner of said.244.525 acre Tract Three; THENCE with the north line of said 244.525 arre Tract Three a south line of said Cimarron -Hills Phase One Section Six P.U.D. and a north lane of tae herein described tract the following six.(6) courses and distances, 1) N 67°O1'39" E for a distance off 101.08 feet to a rail found for an an.g'ie point, 2) N 67°26'32" E for a distance of 69.95 feet to a .inch iron rod with cap stamped ZWA set for an angle point, 3) N 63°07'53" E for a distance of 79.92 feet to a nail found for an angle point, 4) N 68°42'26" E for a distance of 603.40 feet to a 4 inch iron rod dth cap stamped ZWA set for an angle point, 5) N 66°13'33" E for a distance of 87.20 feet to a nail found for an angle point. and 6) N 59°00'53" E for a distance of 161.62 feet to a'/2 inch iron rod found for the southwest corner of said 70.00 acre Tr -act One (Exhibit A); being also the southeast corner of said Cimarron Hills Phase One Section Six P.U.D. and being an ell corner an the west line of the herein described tract; ZWA- JOB NO. FN07-003-01-Rev Page 3 o, 7 397.768 ACRE TRACT Exhibit "A" Resolution No. 112707-V Page 7 of 11 THENCE with the eastline of said Cimarron Hills Phase One Section Six P.U.D., the west line of said 70.00 acre Tract One (Exhibit A) and the west. line of tz.e herein described tract, the following two (2) courses and distances; N 22°49'14" W for a distance of 198.56 feet to a '/_- in.ch iron rod found for an angle point, and t< 43°54'54" W for a distance of 225.06 fee angle point; inch iron rod found for an THENCE continuing with the east line of said Cimarron Hillis Phase One Section Six P.0 D., with the east line of that certain 62 36 acre tract of land as described in a deed to Pivotal Cimarron .Hills L.P. of record in Document No. 2004042516 of the. Official Public Records of Williamson County, Texas, with the east line of that certain 812.99 acre tract of land as described in a deed to Pivotal Cimarron Hills L.P. of record in Document No 2004099550 of the Official Public. Records of Williamson County, Texas_ and continuing with the west line of said 70.00 acre Tract One (Exhibit A) and the west line of the herein described tract, the foilov ing four (4) courses and distances; 1) N 46°40'34" W for a distance of 200.5.. feet to a J' inch iron rod found for an angle point N 40°23'.10" W for a di.st«ne-e of 94.15 feet to a '. inch iron rod found for an angle point, N 21 17'07' W for a distance of 1087.30 feet to a inch iron with cap stamped ZWA set for an angle point, and N 20°38'07" W for a -distance of 37.44 feet to a 5l8 inch iron rod found for the northwest -corner of said 70_00 acre. Tract One (Exhibit A), being also the northwest corner of the herein described tract, and being the southwest corner of Lot 9, Block B, Cedar Hollow Crossing a subdivision of record in Cabinet J, Slides 338-353 of the Plat Records of Williamson Countv.Texas; THENCE N 72°50'47" E, with the south line of said Lot 9, Block B, the south. line of Trails .End Estates, a subdivision of record in Cabinet Y. Slides 372-374 of the Plat Records of Williamson County, Texas, the south line of that. certain 2.59 acre tract of land as described in a deed to Daniel Amon et ux of record in Document No. 2002030853 of the Official Public Records of Williamson County, Texas, tae north line of said 70.00 acre Tract One (Exhibit A) and the north Iine of the herein described tract, for a distance of 1711,87 feet to a 'A inch won rod with cap stampec Z VA set iri the east line of Cedar Ilollow Road, a 50 foot wide casement; THENCE N 70°36'47" E, with the south line of said 2.59 acre tract, the north line of said 70.00 acre Tract One (Exhibit A) and the north line of the herein described tract, for a ZWA- JOB A O. FN07-003-0-Rev Page 4 0; 7 397.768 ACRE i'RACT Exhibit "A" Resolution No 112707-V Page 8 of 11 distance of 25.00 feet to a nail found for the .northeast corner of said 70.00 acre Tract One (Exhibit A), being also the southeast corner of said 2.59 acre tract, being also the northeast corner of the herein described Tract being also in the west line of Lot 10, Block B of said Cedar Hollow Crossing and being in the centerline of aid Ced.ar hollow Road, said nail being in a curve to the right; THENCE \Arith the east line of said 70.00 acre Tract One (Exhibit A), the west line of said Lot 10, Block B, the center.ine of said Cedar Hollow Road and the east line of the herein described tract, the following seven (7) courses and distances; 1) along. said curve to the right, an are distance of 78.97 feet said curve having a radius of 232.59 feet, a central angle of 19°27' 16" and a chord bearing- of S 09°41' 1 1'' E fora chord distance of 78.60 feet to a nail found at the end of said curve, S 00°O1 ' 10" bar for a distance of 115.9 3 feet to a nail found at the beginning of a curve to the left, Along said curve to the left, an arc distance of 76.76 feet, said curve. having a radius of 110.51 .feet, a central angle of 39°47'54" and a chord bearing of S 19°52'16"' E foe a chord distance of 75.23 feet to a nail found at the end of said curve, S 39°46'07" E for a.distance of 109.92 feet to a nail found at ;:he beginning of a curve to the left, Along said curve to the left, an arc distance of 110.73 feet said curve bating a radius of 188.76 feet .a central angle of 33°36'38'' and a chord bearing of S 56°36'09" E for a chord distance of 109.15 .fcct to a nail found at a point of reverse curve to the right, Along said reverse curve to the right; an arc distance of 112.34 feet, said curve having a radius of 274.41 feet, .a central angle of 23°27'2.1'' and a chord bearing of S 61 °39'49" E for a chord distance of 111.56 feet to a nail found at a point of reverse.curve to the left, and 7) Along said reverse curve to the left, an arc distance of 57.85 feet, said curve having a radius of 77.95 feet, a central angle of 42°31' 13" and a chord bearing of S 70'59'46" E for a chord distance of 56.53 feet to a nail found at the end of said curve, being also the most easterly northeast corner of said 70.00 acre Tract One (Exhibit k), and being the northwest comer of Lot 29, Block B of said Cedar Hollow Crossing; - THENCE S 01 °24'46" E, v ith the east line of salt 70.00 acre Tract One (Exhibit .A), the west line of said Lot 29, Block B ana the east lice of the herein described tract, for a ZWA- JO:B NO. FN07-003-0 l -Rev Page 5 o; 7 397.768 ACRE TRACT Exhibit "A" Resolution No 112707-V Page 9 of 11 distance of 25,00 feet to a Y<, inch iron rod with cap stamped TWA set in the south line of said Cedar Hollovt Road; THENCE S 11°26'46"Es with the east line of said 70.03 acre Tract One (Exhibit A), the west line of Lots 29 and 7, Block B of said Cedar Hollow Crossing and the east line of the herein described tract, for a distance of 1170.67 feet to a 518 inch iron rod found for the southeast corner of said 70.00 acre Tract One (Eahi'b.it. A); being also the southwest corner of said Lot 7, Block B and being in the nonh line of said 244.525 acre Tract Three_ THENCE with the south line of said Lot 7, Block B, the north line .of said 244 525 acre Tract Threx• and the east line of the herein described tract, r-le following two (2) courses and distances; 1) N 70°13'28" E for a distance of 173.94 feet to a.. inch iron rod with cap stamped ZWA set for an angle point, and N 70°25'03" E for a distance of 37_.21 feet to a 1 inch iron rod with cap stamped ZWA set for the northeast corner of said 211,525 acre Tract Three, and being anell corner in tie east line of the herein described tract; THENCE with the east line of said 2.44_525 acre. Tract Three, the west line of said Cedar Hollow Crossing and the east line of the herein descrioed tract, the following six (6) .courses and distances; 1) S 20°57'45" E for a distance of 572,83 feet to a -nail found for an angle point, 2.) S 20°22'49" E. for a distance of 153.36 feet to a 1/2 inch iron rod with cap stamped ZWA set for an angle point, S 21°44'32" E for a distance of 825.37 feet to a ti:2 inch iron rod with cap stamped ZWA set for an angle point, 4) S 20°40'36" E for a distance of 726.74 feet to a nail found for an angle .point, 5) S 21'11'00" E for a distance of 311.90 feet to a 1 inch iron rod found for an angle point; and 6) S 21°09'53" E for a distance of 178.63 feet to a 1 inch iron rod found for the southeast corner of said 244.525 acre Tract Three; being also in the west iin.e of Lot 10, Block A of said Cedar Hollow Crossing, being also the northeast corner of that certain 12.92 acre tract of land as described in a deed to Mark Witcher et ux of record in .Document No. 9858525 of the Official Public Records of Williamson County, Texas and being the most easterly southeast corner of the herein described tract ZWA- JOB NO, EN07-003-01-R.ev Page 6 of 7 397.768 ACRE TRACT Exhibit "A" Resolution No. 112707-V Page 10 of 11 TFIENCE S 68°57'37" W, with the south tine of said 244.525 acre Tract Three, the north line of said 12.92 acre tract, the north Fine of that certain. 40.00 acre tract of land as described in a deed to Middle Gabriel Business Park, Ltd of record in Document No. 2006044648 of the Official Public Records of Willi.anhson County, Texas, the north .line of that certain 1..29 acre tract of land as described in a deed to Toshi Sugit.a. Buncich of record in Document N©. 2001034665 of the Official Public Records of Williamson County, Texas and the east line of the herein described tract, for a distance of 1206.11 feet to the POINT OF BEGINNING and containing 397.768 acre of land BEARING BASIS THE BEARINGS SHOWN HEREON ARE BASED ON TF F TEXAS STA 1 E PLANE COORDITAIE SYS 1'EM, TEXAS CENTRAL ZONE NAD83 (93) HARN THE BEARINGS. SHOWN ARE GRID BEARINGS. ALL DISTANCE SHOWN ARE SURFACE DISTANCES. THE STATE OF TI § COUNTY OF TRAVIS KNOW ALL MEN BAT THESE PRESENTS: That I, William D. Warrick, a Registered Professional Land Surveyor, do hereby state that the above description is true and correct to the her knowledEe and belief and that the property described herein was determined by .a survey made on the ground during 'February, 2007 under my direction and supervision. WIThrESS MY HAND AND SEAL at Austin, Travis County, Texas this the 8th day of March, 2007, A.D. t5`ra,Warrick and Associates L L C 1412 Spicewood Springs Road, Suite 111 Austin, Texas 78759 ZWA- JOB NO. FNO7-003-01-Rev �P2cm� D N0atiw6l William D. Warrick Registered Professional Land Surveyor No. 4426 — State of Texas REY'ERENCES ZWA DRAWING NO. 07-003-0 .dw Page 7 of 7 397.768 ACRE TRACT Exhibit "A" Resolution No. 112707-V Page 11 of 11