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HomeMy WebLinkAboutORD 2014-71 - ANX Sun City Somerset TractOrdinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain b I undaLg imits o t.. the Foy Survey, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and cstablishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on June 24, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on July 8, 2014, and July 22, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas M Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim, The City Council hereby finds that this ordinance implements and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 768.9 acres in the Foy Survey, as shown in "Exhibit A" of this ordinance, and as described in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan. Ordinance No. a o I Y I Page I of 2 Starz Ght Somerset Armexatiort 768 acres ANX-2014-002 Date Approved: 10,14.2014 Exhibit A,B,C attached Section 3. The 768.9 acres, as described in "Exhibit B" of this ordinance, is included in City Council District 3, as it is adjacent to Council District 3 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect on October 31, 2014. Passed and Approved on First Reading on the 121h day of August, 2014. Passed and Approved on Second Reading on the 141h day of October, 2014. Attest: The City of Georgetown: JessiAa Rrettle Dale Ross Ci S cretary Mayor Approved as to form: Bridget Chap an City Attorney Ordinance No. 0�019-1-1 Page 2 of 2 Sun Cihj Soinerset Annexation 768 acres ANX-2014-002 Date Approved: 10.14.2014 Exhibit A, B,C attached O?'C'GE0RGFTIN TEXAS Legend ANX E2 Site -2014-004 Parcels Exhibit A 1=11 City Limits M Georgetown ETJ Site 'pRald W ....... %N X, CAY umdsO Street Del. t �V// C-ndl-wSymern: Te— State Mane/Central Z—INAD 83/US Feet 0 Cut.graphic Data F., General PhIrtning Purposes Only [Feet • METES -AND BOUNDS DESCRIPTION PARCEL2 133.610 ACRES r, R E: 10 E 2 UW K — F 1 #VJWRAV,2-29 WILLIAMSON COUNTY, TEXAS Being 133.610 acres of land situated in the Frederick Foy Survey, Abstract Number 229 of Williamson County, Texas and being a portion of that 189.153 acre tract, Purchase Tract- Lot 2, described in a deed to SOMERSET HILL, LTD. in Document Number 2004098880, Official Public Records of Williamson County, Texas (O.P.R.W.C,T.). Said 133.610 acre tract being more particularly described by metes and bounds as follows, with all bearings being referenced to the Texas State Plane Coordinate System, Texas Central Zone, NAD 83/93 HARN Datum with all distances converted to surface, by multiplying by the combined factor of 1,000143965.; T=WS M. -I . , - — to Williamson County Park Foundation as described in Document Number 2013005831 of the (0,P,R.W.C.T.)-, THENCE, South 21 '32'52" East, along the common easterly line of said 24.29 acre tract and the westerly line of said 1 71.72 acre donation tract, passing at 23.10 feet, a 1/2 -inch iron rod with "Stanley Eng," cap found for the southwest corner of said 17.72 acre donation tract, the northwest comer of a called 20.76 acre tract conveyed to Williamson County Park Foundation as described in Document Number 2012103568, (O.P.R.W.C.T.), continuing an additional 740.79 feet to a point for the southwest comer of said 20.76 acre tract and a remainder comer of a called 424.43 acre tract as conveyed to MSG Limited Partners, a Texas Limited Partnership as described in Document Number 2012107437, (O.P.R.W,C.T.), continuing an additional 1,497.06 feet, in all a total of 2,260.95 feet to the southeast corner of said 24.29 acre tract for the POINT OF BEGINNING hereof (from which a cotton gin spindle found bears North 65057,48" East, 0.45 feet); THENCE, South 21'32'52" East, a distance of 2,255.17 feet, generally along the fenced and occupied division line of said remainder portion of 189.153 acre, tract and the remainder of said 424.43 acre tract to 1/2 -inch iron rod found without a cap for an angle point hereof, being the apparent common comer of the said Fredrick Foy Survey, Abstract Number 229, the Lemuel S. Waiters Survey, Abstract Number 653, and the Burrell Eaves Survey, Abstract Number 216; awn" I i'm I VIM 0 t-0 I W 1r, 4 1 ffis I jiful Ff'', 11001,111AIM"11191001 vd'u -1 1 fell I a N 118INI FMOTUMMOMNIUM.141411111 V M - R -ANUTA THENCE, along the line common with the northerly line of said C.T.S.U.D. easement, the northerly line of said White Wing Golf Course Parcel No. 4 and the southerly line of the herein described tract, the following two (2) courses: 1. South 88'2444" West, 872.17 feet to a 1/2 -inch iron rod with an "AECOM" cap found for an angle point; 2. South 87'06'15" West, 365.78 feet to a 1/2 -inch iron rod with an "AECOM" cap previously set in September of 2011, currently inundated, being a point in th* approximate centerline of Berry Creek; 101:19141IMMIL Mal a. I I 11R, r'r*r'I'T4'MIMIMr4lk'-"P 737N.) icta a UMUMMUD poinf, lor all Hurpt; pullit U1 SaM71rafa-IT, southeast com'er of Lot "B" of Sun City Georgetown Neighborhood Thirty -One recorded PocumentNo. 2006038992 of the (O.P.R.W.C.T.), continuingan additional 1,182.69 feet, in al total distance of 1,236.14 feet to a 1/2 -inch iron of with an "AECOM" cap, previously set September of 2011, currently inundated, for an angle point hereof, to a 1/2-incb iron rod with a "SURVCON, INC." cap, previously found in September of 201 currently inundated, for an angle point hereof, THENCE North 55'575 1 " West, along the west line hereof, the east line of Lot "B", passing 743.59 feet the northeast comer of Lot "B". the southeast comer of Lot "A" of Sun C Georgetown Neighborhood Thirty -Two, recorded in Cabinet 'IBB", Slides 319-323 of (0,PRVC.T.), continuing along the west line hereof, same being the east line of Lot "AX7', additional distance of 86.69 feet, in all a total distance of 830.49 feet to a 1/2 -inch iron rod wi an "AECOM" cap, previously set in September of 2011, currently inundated, for an angle poi hereof; THENCE, along the west line hereof, the east line of Lot e' Sun City Georgeto Neighborhood Thirty -Two, the following (3) three courses: 1. North 53"30'25" West, 374,90 feet to a 1/2 -inch iron rod with a "SURVCON, cap found for an angle point hereof, 2. North 58025'25" West, 310.91 feet to a 1/2 -inch iron rod with an "AECOM" cap found for an angle point hereof, 3, North 53'05'25" West, passing at 385,16 feet the northeast corner Lot "A" of Sun City Georgetown Neighborhood Thirty -Two, the, southwest comer of a remainder portion of a called 125,379 acre tract conveyed to Del Webb Texas Limited Partnership as recorded in Document No. 2004075169 of the (0,P.R.W.C.T.), continuing an additional 64.71 feet, in all a total distance of 449.87 feet to a 1/2 -inch iron rod with an "AECOM" cap found for an angle point hereof, THENCE, along the west line hereof and the east line of said remainder portion of 125.379 acre tract, the following (3) three courses: 1. North 422525 West, 451.87 feet to a 1/2 -inch iron rod with a "SURVCON, cap found for an angle point hereof, 2. North 36'10'25" West, 547.35 feet to a 1/2 -inch iron rod with a "SURVCON, cap found for an angle point hereof; North 17'05'19" West, 214.93 feet to a 1/2 -inch iron rod with a "MCKIM&CREED" acre donation tract "Ronald Reagan Blvd." as described in Document No. 2010006962 of the (O.P.R.W.C.T.), the southwesterly comer of said 11.33 acre donation tract, being "Ronald Reagan Boulevard" and being at the beginning of a curve to the left-, THENCE, over and across said 189.153 acre tract, same being along the south right-of-way lill . I V In" %Mtri 'P�ri Migan V* -aT, tract, the following four (4) courses - I . South 202627 East, 19.88 feet to a 1/2 -inch iron rod with a "Diamond Surveying" cap found for the beginning of a non- tangent curve to the left; 2. 149,94 feet along said curve to the left, having a radius of 3,150.00 feet, a central angle of 024338", a chord which bears North 68*1236" East, a distance of 149.92 feet to a 1/2 -inch iron rod with a "Diamond Surveying" cap found for a point of non - tangent compound curvature to the left, 1 297.00 feet aloniz said curve to the left, having a radius of 1000,00 feet, a central angle of 17*01'01", a chord which bears North 60*16'58" East, a distance of 295.91 feet to a 1/2 -inch iron rod with a "Diamond Surveying" cap found for the southeast comer of said 0.309 acre tract; 4. North 2803311 " West, 19.86 feet to a 1/2 -inch iron rod with a "Diamond Surveying" cap found for the northeast corner of said 0.309 acre tract, same being a point in the south line of said 11.33 acre donation tract and being an angle comer for the south right-of-way line of said Ronald Reagan Boulevard; THENCE, departing said 3,09 acre tract and along the south right-of-way line of said Ronald Reagan Boulevard (right-of-way varies), same being the south line of said 11.33 acre tract, 748.44 feet along are of said curve to the left, having a radius of 3110.00 feet, 10 • a central angle of 13'47'19", a chord which bears North 54*33'42" East, a distance of 746.64 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for the northwest comer of said 24.29 acre Williamson County Park Foundation tract; THENCE, departing the south right-of-way line of said Ronald Reagan Boulevard, over and across said 189.153 acre tract and along the west line of said 24.29 acre Williamson County Park Foundation tract, same being the easterly right-of-way of a proposed roadway, the following ten (10) courses: 1. South 41'39'37" East, 147.23 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for a point of curvature to the right; 1 111.17 feet along said curve to the right, having a radius of 335.00 feet, a central angle of 19'00'49", a chord which bears South 32'09'12" East, a distance of 110.66 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found; 3. South 22'38'48" East, 184.57 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for a point of curvature to the left; 4, 22141 feet along said curve to the left, having a radius of 345.00 feet, a central angle of 36'56' 11 ", a chord which bears South 41'06'54" East, a distance of -218.58 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found; 5. South 59134'59" East, 105.04 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for a point of curvature to the Tight; 6, 447,46 feet along said curve to the right, having a radius of 655.00 feet, a central angle of 39*08'29", a chord which bears South 40'00'45" East, a distance of 438.81 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found; 7. South 20'26'30" East, 269.62 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for a point of curvature to the left; 8. 283,68 feet along said curve to the west, having a radius of 325.00 feet, a central angle of 50*00'43", a chord which bears South 45*26'51" East, a distance. of 274.76 feet to a] /2 -inch iron rod with a "Forest 1847" cap found; 9. South 70°27'l3" East, 198.85 feet to a 1/2 -inch iron rod with a "Forest 1847" cap found for a point of curvature to the right; 10. 83,34 feet along said curve to the right, having a radius of 395.00 feet, a central angle of 12'05'20", a chord which bears South 64'24'33" East, a distance of 83.19 feet to a cotton gin spindle found for an angle corner of said 24.29 acre Williamson County Park Foundation tract; THENCE, departing said proposed roadway and along the south line of said 24.29 acre Williamson County Park Foundation tract, North 6505748" East, 94.98 feet to the POINT OF BEGINNING and containing a computed area of 133.610 acres of land, AND m - I Texas Registration No. 4816 WT?W-71 eR 01621"1 10000 Metric Boulevard, Suite 200 Austin, Texas 78758 GRAPHIC SCALL' F5' r `r• �u KKI 1. 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POW P.eti! • EXAIBIT NORTHERLYLAND OPTION TRACT 634.646 ACRES I LA"A I F 0 KI 175 Rif) I gym Ar 1"i-effli acre tract, resulting in the total of 634.646 acres. BEGINNING at a 3/4 -inch iron rod in concrete (X=3,110,532.82, Y-1 0,242,933.80) found at t t northwest corner of platted Lot "F" OPEN SPACE & DRAINAGE EASEMENT OF FINAL PL UNIT DEVELOPMENT OF SUN CITY GEORGETOWN NEIGHBORHOOD FORTY, as record, Cabinet "FF", Slides 47-51 and Document Number 2008068985, both of the (O.P.R.W.C.T.), same bei the southwesterly comer of a called 9.0689 acre tract conveyed to Sun City Georgetown Commun Association, Inc., by Document Number 2011085883 of the (O.P.R.W1C.T.), being a point in an caster line of said remainder of 1,0 13.527 acre tract; THENCE, along the westerly line of said Lot "IF" Open Space and Drainage Easement, being the cast line of a remainder of said 1,013.527 acre tract, the following five (5) courses: I . South 08°37'40°' East, a distance of 590.34 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 2. South 69'02'34" West, a distance of 66.94 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 3. South 60'40'57" West, a distance of 124.39 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof-, 4. South 18152'33" West, a distance of 97.78 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, ZMONebb=14-Sun Gily BndylO000tIO-CornmIREV-6—Malos-bounds 05.23-14 dor 5. South 00*0732" West, a distance of 191.54 feet to a 1/2 -inch iron rod with cap stamped 4SURVCON INC," found foran angle point hereof, the northeast comer of Lot "A" Open Space and Drainage Easement as recorded by FINAL PLAT UNIT DEVELOPMENT OF SUN CITY G80ROETOWN NEIGHBORHOOD FORTY-THREE, as recorded Cabinet "CC", Slides 357- 361 and Document Number 2007003958 both of the (O.P.R.W.C.T.); THENCE, along the northerly line of said Lot "A" Open Space and Drainage Easement, being a southerly line of a remainder of said 1,013.527 acre tract, the following four (4) courses: 1 . South 42*34'54" West, a distance of 230.84 feet to a 1/2 -inch iron rod with cap stamped 11SURVCON INC." found for an angle point hereof, 2. South 48'34'12" West, a distance of 616.63 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC." found for an angle point hereof, 3. South 17'32'57" West, a distance of 1,074.22 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC," found for an angle point hereof; 4. South 43003'51" West, a distance of 240.85 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC." found for an angle point hereof, being a point in the north line of Lot Open Space and Drainage Easement as recorded by FINAL PLAT UNIT DEVELOPMENT OF SUN CITY GEORGETOWN NEIGHBORHOOD FORTY-SIX, as recorded Cabinet "DD", Slides 248-253 and Document Number 2007062630 both of THENCE, along the northerly line of said Lot "G" Open Space and Drainage Easement, being a southerly line of a remainder of said 1,013.527 acre tract, the following two (2) courses: I . South 851134'49" West, a distance of 609.70 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC." found for an angle point hereof; 2. South 71OW4011 West, a distance of 525.04 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, being the northeast comer of Lot "A" Open Space and Drainage Easement as recorded by FINAL PLAT UNIT DEVELOPMENT OF SUN CITY GEORGETOWN NEIGHBORHOOD SIXTY-TWO, as recorded in Cabinet "EE", Slides 267-270 and Document Number 200803167 both of the (O.P.R.W.C.T.); THENCE, along the northerly line of said Lot "A" Open Space and Drainage Easement, being a southerly line of a remainder of said 1,0 13.527 acre tract, the following four (4) courses: 1. South 71'30'40" West, a distance of 441,70 feet tOM7 I'SURVCON INC" found for an angle point hereof, 2. South 50'22'57" West a distance of 274.51 feet to "SURVCON INC." found for an angle point hereof, I ZADaMebb12014-Sun City Bndy%0D00XIO-Comm1REV-6—Motes-bounds 05-23-14 doe 1/2 -inch iron rod with cap stamped 1/2 -inch iron rod with cap stamped 9.s- e' 3. South 32'30'58" West, a distance of 254.46 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 4. South 1205257" West, a distance of 290,42 feet to a 1/2-incli iron rod with no cap found for an angle point hereof, being the northeast comer of Lot "A" Open Space and Drainage Easement as recorded by FINAL PLAT UNIT DEVELOPMENT OF SUN CITY GEORGETOWN NEIGHBOR1400D FORTY-SEVEN, as recorded in Cabinet "FF", Slides 150-154 and Document Number 2008086234 both of the (O.P.R.W.C.T.); THENCE, along the northerly line of said Lot "A" Open Space and Drainage Easement, NeighborhocM Forty -Eight, being a southerly line of a remainder of said 1,013.527 acre tract, the following five courses: I . South 57'04'00" West, a distance of 128.67 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC," found for an angle point hereof; 2. North 8802910311 West, a distance of 500.70 feet to a 1/2 -inch iron rod with cap stampe "SURVCON INC.' found for an angle point hereof, 3, South 78152'59" West, a distance of 837.37 feet to a 1/2 -inch iron rod with cap stamped "SURVCON. INC." found for an angle point hereof; 4South 52015147" West, a distance of 376.23 feet to a 1/2 -inch iron rod with cap stamped "SURVCON INC." found for an angle point hereof; 5. South 73035'33" West a distance of 435.90 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" found for a point hereof, being a point in the cast line of a remainder of a called 279.999 acre tract conveyed to Del Webb LTD., by Document Number 1999707019 of the (O.P.R.W.C.T.); THENCE, along the said southerly line of a remainder of said 1,013.527 acre tract, same being the northerly line of said remainder of 279,999 acre tract, the following three (3) courses: 1. South 739593" West, a distance of 291,68 feet to a 1/2 -inch iron rod with cap stamp "SURVCON INC." found for an angle voint hereof, 2. North 78006'0111 West, a distance of 185.40 feet to a 1/2 -inch iron rod with cap stamp "SURVCON INC." found for an angle point hereof-, .1 ZADOMM2014-Sun City Undy10000110-Conwn%REV-8—Metus-bounds 05,23-14 doc 3. South 11'5359" West, a distance of 223.65 feet to a 1/2 -inch iron rod with no cap found for ail angle point hereof, being the northeast corner of a called 5.08 acre tract conveyed to William D. Turpin, Jr. and wife, Karen E. Turpin by Document Number 2000047528 of the (0,P,R,W,C.T.); THENCE, generally along the fenced said southerly line of a remainder of said 1,013.527 acre tract, same being the northerly line of said 5.08 acre tract, the following four (4) courses: 1. South 63'48'23" West, a distance of 201.02 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 2. South 71'02'04 West, a distance of 19.60 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 3. South 66°17'51" West, a distance of 119,46 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 4. South 68°33'10" West, a distance of 293.45 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, being the northeast comer of a called 5.143 acre tract, conveyed to Reggie D, Higdon and Jacqueline D. Higdon by Document Number 2010021573 of the (O.P.R.W,C.T.); THENCE, generally along the fenced said southerly line of a remainder of said t,013,527 acre tract, same being the northerly line of said 5.143 acre tract, the following three (3) courses: I. South 67'06'01 " West, a distance of 161.37 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 2. South 70'53'50" West, a distance of .203.72 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 3. South 6845'20" West, a distance of 249.28 feet to a 1/2 -inch iron rod ' with no cap found for an angle point hereof, being the northeast comer of Lot 3, Bent Oak Estates, as recorded in Cabinet "P", Slides 370-371, Williamson County Plat Records (W.C.P.R.); THENCE, generally along the fenced said southerly line of a remainder of said 1,013.527 acre tract, same being the northerly line of said Lot 3, Bent Oak Estates, the following three (3) courses: 1. South 68'44'17" West, a distance of 298.50 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 2. South 67'28'23" West, a distance of 132,14 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 3. South 68'26'30" West, a distance of 178.79 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, being the northeast corner of Ridgeview Estates Section Two as recorded in Cabinet "M", Slide 343 of the (W.C.P,R,); THENCE, generally along the fenced said southerly line of a remainder of said 1,013,527 acre tract, same being the northerly line of said Ridgeview Estates Section Two, the following three (3) courses: Z:k0sjWebbV014-Sun City Bndy=DOIIO.CommkREV-8—Males-boLnds 05-23-14 doc I . South 69026'28" West, a distance of 193.31 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 2. South 68'14'20" West, a distance of 315.54 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 3. South 64'53'03" West, a distance of 86.34 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, the northwest corner of said Ridgewood Estates Section Two; THENCE, generally along the fenced easterly line of said 1,013.527 acre tract, same being the westerly line of said Ridgewood Estates Section Two, the following eight (8) courses: 1. South 22'27'23" East, a distance of 301.27 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 2. South 21'07'45" East, a distance of 169.74 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 3. South 21016'03" East, a distance of 97.24 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 4. South 20°28'41" East, a distance of 229.51 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 5. South 20'39'13" East, a distance of 162.54 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 6. South 21 *07'13" East, a distance of 110.81 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 7. South 17°42°09" East, a distance of 51.30 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 8. South 17'34°48" East, a distance of 108,44 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, being the northeast comer of Giles Estates as recorded in Cabinet "I", Slide 51 (W.C.P.R.); THENCE, generally along the fenced said southerly line of a remainder of said 1,013.527 acre tract, same being the northerly line of said Giles Estates, the following four (4) courses: I South 69029'56" West, a distance of 352.77 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 2. South 67010'26" West, a distance of 135,03 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 3. South 70015'19" West, a distance of 280.13 feet to a "PK!' nail in top of fence post found for an anale point hereof, ZADeMobb\2014-Sun My Und�ODD0110.Comm\REV-6—Metes-bounds 05-23-14 doc 4. South 68°35'31" West, a distance of 55.95 feet to a 1/2 -inch iron rod with no cap found for all angle point hereof, being the northeasterly comer of a called 19.962 acre tract conveyed to Somerset Hills LTD., by Document Number 2006110193 of the (O.P.R.W.C.T.); THENCE, generally along the fence east line of said 19.962 acre tract and the westerly line of said Giles Estates subdivision, South 43'29'56" East, passing at a distance of 909,43 a 1/2 -inch iron rod with no cap found for the southwest corner of said Giles Estates, being a point in the north margin of a 50.00 -foot wide road easement as recorded in Volume 855, Page 697 of the Williamson County Deed Records (W.C.D.R.) continuing in a] I a total distance of 934.49 feet to a cotton spindle found in the centerline of said road easement; THENCE, South 50'05'00" West, along the centerline of said road casement; a distance of 718.78 feet to a point for the most easterly comer of a called 1.077 acre additional Right -of -Way dedication for R.M. 2238 recorded as Parcel 6 Part III as recorded in Document Number 2010033821 of the (O.P.R.W.C,T.); THENCE, along the easterly line of said 1.077 acre additional Right -of -Way dedication, the following three (3) courses: 1. North 45c'05'00" West, a distance of 25.07 feet to a Type 11, TxDOT monument found for a cut- back comer at the base of a fence comer post being the southwest corner of remainder of said 19.962 acre tract; 2. North 87'29'14" West, a distance of 58.97 feet to a concrete nail found at the base of power pole and angle point in the west line of remainder of said 19.962 acre tract; 3. North 45'02'29" West, generally along a fence line, a distance of 1,144.91 feet to a Type 11, TxDOT monument found for the northeast comer of said 1.077 acre tract the relocated northwest corner of the remainder of said 19.962 acre tract, an angle point in the relocated west line of said 1,013.527 acre tract, being the southeast corner of a called 0.910 acre additional Right -of -Way dedication for R.M. 2238 recorded as Parcel 6 Part 'll in said Document Number 2010033821 of the (O.P.R.W.C.T.); THENCE, along the relocated west line of said 1,013.527 acre tract and the easterly line of said 0.910 acre additional Right -of -Way dedication, the following three (3) courses: I . North 36*14'22" West, generally along a fence line, a distance of 160.59 feet to a concrete nail found at the base of fence post; 2. North 45°00'21" West, generally along a fence line, a distance of 540,47 feet to a point in the base of a 6 -inch corner post; 3. North 11'34'45" West, generally along a fence line, a distance of 19.96 feet to a point in the base of a 6 -inch comer post in the east margin of Williamson County Road Number 245 (variable width) as fenced and occupied on the ground, being an angle point in the westerly line of said remainder of 1,0 13.527 acre tract; Z:%Do1Wabb1201-i.Sun City Bnd)10D00110.CmmlREV-6—Mates-bounds 05-23-14 dm I: OMPIA THENCE, generally along the fenced and occupied east margin of Williamson County Road Number 245 (variable width), the westerly line of said remainder of 1,013.527 acre tract, the following three (3) courses: I . North 22'02'54" East, a distance of 58.26 feet to a "60d" nail found in the base of a 20 -inch live oak tree; 2. North 2226'08" East, a distance of 231.06 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 3. North 21`°44'44" East, a distance of 2,202.68 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, being the southwest corner of called 31.32 acre tract conveyed to Donald H. Kylberg by Volume 752, Page 229 of the (W.C.D.R.); THENCE, generally along the fenced and occupied said 31.32 acre tract, the following four (4) courses: I. North 6°38'36" East, a distance of 2,66127 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof; 2. North 22°00'01" West, a distance of 565.42 feet to a 6 -inch fence comer post found for an angle point hereof, 3. South 69'16'07" West, a distance of 414.23 feet to a 112 -inch iron rod with no cap found for an angle point hereof; 4. South 68115'38" West, a distance of 125.08 feet to a point in Cowan Creek for the southeast corner of FINAL PLAT UNIT DEVELOPMENT OF SUN CITY GEORGETOWN NEIGHBORHOOD TEN -E, as recorded in Cabinet "Q'Slides 258-260 of the (W.C.P.R.); THENCE, over and across said Cowan creek, being the easterly line of said FINAL PLAT UN -",.Q.-.-.13N-E the following three,, ( courses: I . North 21'41'44" West, a distance of 255.50 feet to a point in Cowan Creek; 2. North 54*4333" West, a distance of 270.07 feet to a point in Cowan Creek; 3, North 21'07'18" West, a distance of 150.00 feet to a point in the edge of Cowen Creek, same being the south line of a called 20.00 acre tract conveyed to Louis D. Miller and Gladys Miller as recorded in Volume 2476, Page 302 of the (W,C.D.R.); THENCE, generally along the fence and occupied common lines of said 20,00 acre tract and the remainder of said 1,0 13.527 acre tract, the following three (3) courses; 1. North 68'52'48" East, a distance of 108.42 feet to a 1/2 -inch iron rod with no cap found for an angle point hereof, 7--1DarWabb12014-Sun City UndyWOM10-CommIREV-6�_Molos-bounds 05.23-14 am IE -mom 2. North 2005722" West, a distance of 508,33 feet to a point from which a 1/2 -inch iron rod with no cap found bears: North 11'23'52" West, a distance of 0.66 foot; 3. South 68457'17" West, a distance of 818.44 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof, JIM" ML 141441.11141.1 1 siolmriLlkiluT NO -4 -4 CREED" set for a point hereof, being a point in the south Right -of -Way (22U.UU foot wide) line Ot &O111a Reagan Boulevard, 5 1,41 acre tract as dedicated by Exhibit "U' as recorded in Document Number 2010006962 of • n w•-111jjj . foij je� li e of said Ronald Reagan Boulevard, same Ingi I g.1 I I tkm Itelly 814J if VA I If RAU a 110011.e. I. North 84'05'05" East, a distance of 400.34 feet to a 1/2 -inch iron rod with cap stamped "Stanley" found for a point of curvature to the left; 2. 2,110.15 feet along the arc of said curve to the left having a Radius of 6110.00 feet, with a delta angle of 19*47'16", with a chord bearing of North 74'11'27" East, with a chord length of 2,099,68 feet to a 1/2 - inch iron rod with cap stamped "Stanley" found for a point of tangency; 3. North 649749" East, a distance of 3,592,62 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof, being the northwest comer of a called 51.508 acre tract conveyed to Williamson County, Texas by Document Number 2010068630 of the (O.P.R.W.C,T.) and being a portion conveyed out of said 1,0 13.527 acre tract; THENCE, along the perimeter of said 51.508 acre tract, the following ten (10) courses: I . South 16*24'47" East, a distance of 368.07 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof, 2. South 26*33'52" Fast, a distance of 234.68 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof; 3. South 2311915" East, a distance of 343,62 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof, 4. South 28'10'03" East, a distance of 431,89 feet to a 1/2-incli iron rod with cap stamped "MCKIM & CREED" set for a point hereof; 5. North 67*55'51" East, a distance of 1,526.42 feet "MCKIM & CREED" set for a point hereof, - 6, North 04'08'37" West, a distance of 244.08 feet "MCKIM & CREED" set for a point hereof, 7. North 02450'01" West, a distance of 246.96 feet "MCKIM & CREED" set for a point hereof, Z:kDtjIWebbUO14-Sun City BndyWODDliO.CommIREV-ELMates-bounds 05-23-14 doc to a 1/2 -inch iron rod with cap stamped to a 1/2-inob iron rod with cap stamped to a 1/2 -inch iron rod with cap stamped o 9s, . e t 8. North 07*43'17" West, a distance of 145,41 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof; 9. North 1603515111 West, a distance of 265.03 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point hereof, lit. North 173700" West, a distance of 178.37 feet to a 1/2 -inch iron rod with cap stamped "MCKIM & CREED" set for a point of curvature to the right of said south Right -of -Way (220.00 foot wide) line of said Ronald Reagan Boulevard; 2:ANIVVOM2014-Sun City BridyWOD0110-CommIREVj5_kiotes-bounds 05-23-14 doe THENCE, South 50'05'00" West, along the approximate centerline of said road easement, a distance of 718.78 feet to a point for the most easterly corner of a called 1.077 acre additional Right-of-way dedication for R.M. 2238 recorded as Parcel 6 Part III in Document Number 2010033821 of the (O.P.R.W.C.T.); THENCE, North 45005100" West, a distance of 25.07 to a Type 11, TxDOT monument found for a cut- back corner at the base of a fence corner post, the southwest comer of remainder of said 19.962 acre tract; THENCE, North 50-04'48" East, a distance of I computed area of 0.413 acres of land, more or less. Being 635,059 acres, Save. and Except a 0,413 of an acre tract, resulting in the total of 634.646 acres. Date: C-0 Darrell D. White Registered Professional Land Surveyor Texas Registration Number 4816 -4 Prepared by: McKim & Creed, Inc. 10000 Metric Blvd., Suite 200 Austin, Texas 78758 TBPLS Firm Registration number 101776-01 Z,,10a1Wabb%2014-Sun Oly 13ndy%0000ll0-Comrn1REV-6—Motes-bounds 05-2a-14 doc r 1111 . .Z; .. --. Mi ^e HN a 4 F 7gEwl4 P. ➢Y . RVZ 9UY >. fF[i>94rw-iAY 9uk: ADS 229 . ^t. . H p { 1=flint Ii a j a j � ..• _L ad .. Al >. . eft r fi 4 1.2 .t f S a„ s ``•a f;�,�l �, t r ter—_ _ . ;t � �, �n � r �-' �1 a 4 i d y • .r a ti d r • i aj }ti� l F+'y`S `:j v '• s� Ly igrl(Ija.`1�j(( yB (�a s �; !!(!� li�l, z,t , ',; ��� ji a•jlltliH i � jll6aj ° '1 � , to !H iH a 6 j 9 ale Exhbk B i x in 'Vol; in, R i Of. R Ing 1 11 q4 go nuiv bf dull it lul RY ZQ5 I i yk¢TV 11 ji WO HIM T! If V if R if IV I M 11 rid A! .'t'i Isy , nil il, ititt i , - rK N j ilzlllla 15; 0 . 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'"i" '" If j pet Iffoom HIP I.Q... 01 ; "qu 14 it 'T I TWO 1q Ii ids 1 1 RAU . m 3f X48110 j i11111 ill ff f HUI Hm, IN owl 11 i AREA- SUN CITY SOMERSET TRACT COUNCIL DISTRICT No. 3 DATE- OCTOBER 14,2014 This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Sun City Somerset Tract." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 8 and July 22, in accordance with Section 43,056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43,056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner, The development of this property is anticipated to be developed under the terms of a zoning and a utility/development agreement that will dictate improvements schedules and obligations of the City and developer. Tlie agreements shall control the schedule of the provision' of municipal services for the areas. To the extent that there is a conflict between this Service Plan and said agreements, the agreement shall control. Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES Annexation Service Plan Sun City Somerset Tract Page 1 of 12 The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2112 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. 1. Police Protection —Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services— Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection — Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43,056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility — City -owned Water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Annexation Service Plan Sun City Somerset Tract Page 2 of 12 Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting — The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, -slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City- wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto, 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services — Should. the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library — Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. Annexation Service Plan Sun City Somerset Tract Page 3 of 12 10. Animal Control Services — The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. IL Business Licenses and Regulations — The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations — n-te provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; junked Motor. Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 41/2 YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1.- In General — The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services— Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and 1 9 that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the -provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances.' Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines, The Annexation Service Plan Sun City Somerset Tract Page 4 of 12 extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule — Per the Utility/Development Agreement 4. Roads and Streets — No road or street related capital improvements are necessary at this, time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. Annexation Service Plan Sun City Somerset Tract Page 5 of 12 Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43,0561 of the LGC. IX FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals,, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General --The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is Annexation Service Plan Sun City Somerset Tract Page 6 of 12 within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro -rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City, D. Subdividers shall be responsible for providing an approved d public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in-ne-ease less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality, E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains, Z. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property — the owner may make an application for an -extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the Citys Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. Annexation Service Plan Sun City Somerset Tract Page 7 of 12 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property —the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on, the,City's Future Land Use Plan shall continue the use of a septic system until, such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property, to be connected to the public ,sanitary sewer line. 5, Reimbursement and cost participation by the City — Pursuant to Section- 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) 1�11;�;1111111pi �111:11;11pii�!111111111 a I I Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. Annexation Service Plan Sun City Somerset Tract Page -B of 12 The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timingg, A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system -improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing, A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such;extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contigu6us growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the,City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Annexation Service Plan Sun City Somerset Tract Page 9 of 12 Chapter 13.20 of the City Code of Ordinances currently provides as follows: See. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having,jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system, B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having_ jurisdiction over such facilities. B, Availability of a Public Centralized Wastewater Collection Main.If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200 - feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Annexation Service Plan Sun City Somerset Tract Page 10 of 12 Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sce.13.20.040 Low Pressure Sewer Systems A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. No person shall discharge, cause to be discharged, or permit t I o be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. E. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. F. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main, B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. Annexation Service Plan Sun City Somerset Tract Page 11 of 12 D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan Sun City Somerset Tract Page 12 of 12