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HomeMy WebLinkAboutRES 102516-D - ANX WCMUD HillwoodRESOLUTION NO. 100 5 1 (,P - D A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, REGARDING THE REQUEST OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 TO ANNEX APPROXIMATELY 0.638 ACRES OF LAND INTO ITS DISTRICT BOUNDARIES; MAKING CERTAIN FINDINGS; REPEALING CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 19d', 2014, the City approved a Consent Agreement with Wolf Legacy, L.P. ("Owner'), relating to the creation of the two municipal utility districts over 752.851 acres of land, which agreement is recorded in the Official Public Records of Williamson County, Texas as Document No. 2014095879 ("Consent Aereement"); and WHEREAS, on April 23`d, 2015, the Texas Commission on Environmental Quality ("TCE ") issued two orders: an order approving creation of Williamson County Municipal Utility District No. 28 containing 259.543 acres of land and generally situated both north and south of SH 29 and west of 11135 ("WCMUD No. 28 ), and an order approving creation of Williamson County Municipal Utility District No. 29 containing 375.415 acres of land and generally situated south of SH 29 and west of IH 35 ("WCMUD No. 29 ), totaling a combination of 634.958 acres; and WHEREAS, on subsequent review of the Consent Agreement and TCEQ orders creating WCMUD No. 28 and WCMUD No. 29, it was discovered that, due to inadvertent inconsistencies in the field notes attached to those documents, 0.638 acres of land originally included in the description of the 208.134 acre tract attached as Exhibit A to the Consent Agreement (see Consent Agreement at pp. 34-40) was erroneously omitted from the field notes attached to the TCEQ order approving the creation of WCMUD No. 28; and WHEREAS, WCMUD No. 28 now desires annex the above-described 0.638 acres of land into its district boundaries and has requested the City to confirm its consent to allow creation of a municipal utility district on said land, and to consent to the request of WCMUD No. 28 to annex the 0.638 acre tract into its district boundaries; and WHEREAS, WCMUD No. 28 has represented to the City that the approximately 117 acres of land that was included in the Consent Agreement but has not been included in the boundaries of either WCMUD No. 28 or WCMUD No. 29 is the land over which H4 WR, LP (the "Developer" under the Consent Agreement) has an option to purchase from Owner but has not yet exercised and is therefore not being requested for annexation into either district at this time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: 1. The City Council hereby finds that the foregoing recitals are true and correct and the recitals are hereby incorporated into this Resolution for all purposes as if set forth in full. Resolution No. 10 aS�ln - D Annexing 0.638 Acres into WCMUD No. 28 (Hillwood) Page 1 2. The City Council hereby provides its consent to the annexation by WCMUD No. 28 of the 0.638 acre tract described by metes and bounds and by sketch on the attached Exhibit A into the boundaries of WCMUD 28. 3. All terms and conditions established in the agreements relating to the creation, administration, and development of WCMUD No. 28, including but not limited to the Consent Agreement, Development Agreement, and Chapter 552 Agreement, shall apply to the 0.638 acre tract described on the attached Exhibit A. 4. The Mayor is authorized to sign this Resolution and the City Secretary is authorized to attest. 5. This Resolution shall be effective immediately upon its adoption. Attachment: Exhibit A (the 0.638 Acres) PASSED AND APPROVED on the 0 day of �Cicob� 2016. ATTEST: 0 Shelley Nowl' g City Secretary APPROVED AS TO FORM: �4�A j arlie McNabb, City Attorney Resolution No. I OQ 5 1 LO — d Annexing 0.638 Acres into WCMUD No. 28 (Hillwood) THE CITY OF GEORGETOWN: Dale Ross Mayor Page 2 EXHIBIT A PAPE-DAWSON ENGINEERS MEN FIELD NOTES FOR MUD 28 ANNEXATION A 0.638 OF AN ACRE BEING A PORTION OUT OF A CALLED 14.607 ACRE TRACT CONVEYED TO LG WRl LLC RECORDED IN DOCUMENT NO. 2014100107 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SITUATED IN THE ORVILLE PERRY SURVEY, ABSTRACT NO. 10, WILLIAMSON COUNTY, TEXAS. SAID 0.638 OF AN ACRE TRACT BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00 BEGINNING at an iron rod with cap marked "RPLS 5786" found in the south right of way line of State Highway 29 (University Avenue), a variable width right of way, same being the northwest corner of a called 1.2495 acre tract conveyed to EVC Georgetwon LP recorded in Document No. 2015048062 of the Official Public Records of Williamson County, Texas, also being the northeast comer of said 14.607 acre tract, the POINT OF BEGINNING and northeast comer of hereof; THENCE S 02°19'14" E, departing the south right of way line of said State Highway 29, with the west line of said 1.2495 acre tract, same being the east line of said 14.607 acre tract, a distance of 60.26 feet to a calculated point and southeast comer of hereof; THENCE S 69°06'54" W, departing the west line of said 1.2495 acre tract, same being the east line of said 14,607 acre tract, through the interior of said 14.607 acre tract, a distance of 266.27 feet to a'/i' iron rod found in the northwest ell corner of said 14.607 acre tract, same being the southeast comer of Lot 1, Legend Oaks Section 11 recorded in Cabinet I, Slides 269-270 of the Plat Records of Williamson County, Texas and southwest comer of hereof; THENCE N 12°15'57" W, with the west line of said 14.607 acre pact, same being the east line of said Lot 1, a distance of 147.41 feet to a calculated point in the south right of way line of said State Highway 29, same being a point in the east line of said Lot 1, also being the northwest comer of said 14.607 acre tract and northwest comer of hereof; Austin 1 San An to n la I ila U 6 tan I Fatl Worth 1 0011 as Transportation I Water Resources I Lend Development I Surveying I Environmental 7500 Shoal Creek Blvd., Suite 220 West, Austin. TX 78757 T: 512.454.5711 v wwRape-Oawson.arn EXHIBIT A Page 1 of 3 0.638 of an acre Job No. 50790-00 Page 2 of 2 THENCE N 87042'48" E, with the north line of said 14.607 acre tract, same being the south right of way line of said State Highway 29, a distance of 277.88 feet the POINT OF BEGINNING, and containing 0.638 of an acre in Williamson County, Texas, Said tract being described in accordance with an exhibit prepared by Pape Dawson Engineers, Inc under job no. 50790-00. PREPARED BY: Pape -Davison Engineers, Inc. DATE: October 23, 2015 Job No.: 50790-00 DOC. ID. H:lsurveylCIVB.\50790-00'M JD [xli im"Vordl0:638"AcrcsMud28.docx TBPE Firm Registration #470 TBPLS Firm Registmdon #100288-01 PdPAPE-DAWSON ENGINEERS now EXHIBIT A Page 2 of 3 1 0� o m w L •, I = U�u<t a �71W �e I3N q, ll z _ „ I �Za N� �Sd 7Npf J b O'n I fa/1 SGO'\ # S0W z 0� I a I 4 °�o9�fiG z Z: 4 a 00 (iS xm 4 ° ppup m N W I O p N oma W 0.G i+�pj W n I rad. zOG ° XYO �� wU Z N 4'' X NZ upl ��jyuOiUa>yy50 �WW Y of Z�1y.S a a ul n UQSypV�OZdq CV 3 is �qI ` W (FFF���Q O NNS 6,�q O•]'� p 'f u"g3SI co,to 6d'Or Q1A N C40 Q3p v' W o�-o�J�{S°y- !� Div m`9a m a$a`F2 = gj CMN 0 O Z I � I 0 I 51"W 149.41 Mv� N12j5 =W A j 2 LL a w Z O V 01 O< Z >O Oa O E mP _ Z in F t'S UZSO Op W 0,� O di? w� zf �N NZ�i-. 0is €0U<�� S��+ed {1 gs SOd z �i 0�8AA OW Wv oUZ �o �WOws Harm QW @ IIx �Z fps c��w 30 Q�,�f aux fpr H o>�0 005 M3°a°�0 0 rcSS o,w5 "�< Nz 4 OQQ6 zzzy bic= €-? 0000°�°°ua w9mo�o �fil'o Z w q da 00 JOOOi���� °Z. .4 ri EXHIBIT A Page 3 of 3