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Home My WebLink AboutORD 2022-10 - Brandy TractOrdinance No. 2 d 2 2 -1 D An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation and initial zoning designation of Residential Single -Family (RS) of certain territory consisting of 34.19 acres, more or less, in the William Addison Survey Abstract no. 21 and portions of right-of-way on Rockride Lane, as described herein; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation requested annexation of the area by the City of Georgetown ("City"), pursuant to Local Government Code Section 43.0671; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the City Council approved a Municipal Services Agreement with Earl Wayne Brady for 34.19 acres on November 9111, 2021; and Whereas, Earl Wayne Brady sold the subject property to CW-Briggs LLC on December 15th, 2021; and Whereas, CW-Briggs LLC have stated their intent to proceed with the annexation request and accepted the roles and responsibilities laid out in the Municipal Service Agreement on January 4ffi 2022; and Whereas, the Section 4.03.010 of the City's Unified Development Code ("UDC") creates procedures for initial zoning of newly annexed territory; 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 that: 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. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 12 acres in the William Addison Survey Abstract No. 21, as shown in "Exhibit A" and as described in "Exhibit B" of this ordinance (the "Property"). The Property is hereby included in City Council Ordinance No. 62 2- I o Page 1 of 2 Brady Tract 34.19 acres 2021-9-ANX Date Approved: 112512022 Exhibit ABC attached District 3, as it is adjacent to Council District 7 and no other City Council Districts. The City's official boundary map and City Council Districts map shall be amended accordingly. Section 3. In accordance with the procedures for initial zoning of newly annexed territory described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City Council hereby finds that a zoning classification of Residential Single -Family (RS) is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Residential Single -Family (RS) The City's Official Zoning Map shall be amended accordingly. Section 4. Upon annexation of the Property, the City shall provide to the Property the municipal services set forth in the Municipal Services Agreement attached to this ordinance as Exhibit "C" and by this reference incorporated within it (the "Agreement"), pursuant to the schedule set forth therein. The City shall have no obligation to provide services to the Property not listed in the Agreement. Section 5. 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 6. 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 in accordance with the City Charter. Passed and Approved on First Reading on the 111h day of January. Passed and Approved on Second Reading on the 251h day of January. Attest: Robyn Densmore, TRMC City Secretary Approved as to form: Skye NAsson City Attorney Ordinance No. �0_2--Z — Page 2 of 2 Brady Tract 34.19 acres 2021-9 ANX Date Approved: 112512022 Exhibit ABC attached ad + S KiERERG CT KRpMER J+ �1� Sf i NI9NG �3Atltl 1 1� P 0 �N19 'P3 r r-� 0 off° f x N i� m §rb W z r R FI • En O P�1 BELL GIN i. a`S $S$GcirB• i� iI I1`�il � oa:z �I11 030 • -. - -- N. Y.T rAO fwbH �-•�••• V!s I � I ,i ' I R I ��u ! �g I I ! I ' S y I I { p •a.v x N O m�m�S c z'f ?i��Pn m a t� X T o ➢ n y Jg o > 20 00 AC 00C 9110M N 0 91..4 WEER ii vv9h 0�_ I R o� g� z o vin • � (� � � Z pC /��1 <A r z b o ..........�_ — lasM.as.r.92 n V I i i I la '� E N 1 CT1 � of �M I I 1 I 001 V� `z can jsxwoas P. ;` D3 4 yi x i r s li HA 4 LLtoil -n. � TA I •••F N.�•.. •'-•._ � .� 9a osc s oa.e�.al s �� .LE 19s lees 9"-�••i 9.01 AC. COC. 96209LL J R09ERT d a VICTORIA P. CLAR^I.L � v lr �y �y hs� zs O a 1 METES & BOUNDS DESCRIPTION OF: TRACT 1 - 34.19 ACRES BEING A 34.19 ACRES IN THE WILLIAMSON COUNTY ADDISION SURVEY, ABSTRACT NO. 21, IN WILLIAMSON COUNTY, TEXAS. THIS PROPERTY INCLUDES PART OF THE 129.07 ACRE (TRACT 3) WHICH WAS CONVEYED TO LINDA BRADY JOHNSON, ET. AL., TRUSTEES OF THE ELENORA BRADY NON -REVOCABLE TRUST AND EARL WAYNE BRADY AS DESCRIBED IN DOC. 2003113241, OF THE OFFICIAL RECORD OF WILLAMSON COUNTY, TEXAS (ORWCT); AND PART OF THE TRACT CALLED 15.06 AC AS DESCRIBED IN A DEED TO LINDA BRADY JOHNSON, ET. AL., TRUSTEES OF THE ELENORA BRADY NON -REVOCABLE TRUST OF RECORD IN DOC. 2005013430 (ORWCT). THIS PROPERTY INCLUDES PAR OF THE LIFE ESTATE OF ELENORA BRADY, AND PART OF THE ESTATE OF W.E. BRADY, SEE LAST WILL & TESTAMENT AS EXECUTED ON MAY 15, 1964; PROBATE OF THE ESTATE CAUSE 5427. THIS TRACT WAS SURVEYED ON THE GROUND IN SEPTEMBER OF 2007, BY WILLIAM F. FOREST, JR., REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847. SURVEY NOTE: THE BEARING BASIS FOR THIS SURVEY IS THE STATE PLANE COORDINATE SYSTEM, GRID NORTH, TEXAS CENTRAL ZONE. BEGINNING AT AN IRON PIN WHICH WAS FOUND IN THE EAST LINE OF COUNTY ROAD 110, AT THE NORTHWEST FENCE CORNER OF THE 12 ACRE TRACT CONVEYED TO GARY T. AND DAYNA J. COLLINS AS DESCRIBED IN DOC 2001069029, ORWCT. THENCE WITH THE EAST LINE OF COUNTY ROAD 110, AND THE WEST LINE OF THE 129.07 TRACT3 (DOC. 2003113241 ORWCT), N 20 DEG. 06 MIN. 26 SEC. W 60.00 FEET TO AN IRON PIN SET. THENCE WITH THE SOUTH BOUNDARY OF A 52.53 ACRE TRACT, N 69 DEG. 54 MIN. 35 SEC. E 1742.58 FEET TO AN IRON PIN SET, AND N 70 DEG. 24 MIN. 25 SEC. E 673.40 FEET TO AN IRON PIN SET. THENCE WITH THE EAST LINE OF THE SAID 52.53 ACRE TRACT, N 20 DEG. 20 MIN. 43 SEC. W 1191.30 FEET TO AN IRON PIN SET IN THE SOUTH LINE OF A 164 2/3 ACRE TRACT DESCRIBED IN A NEED TO J.D. HONEYCUTT ET. UX. (26341451). THENCE WITH THE NORTH LINE OF THE 162.4 ACRE PROPERTY (448/452) AND WITH THE NORTH LINE OF THE 15.06 ACRE TRACT (DOC. 2005013430 ORWCT), AND FOLLOWING THE SOUTH LINE OF THE SAID HONETCUTT TRACT, ALONG OR NEAR THE GENERAL LINE OF THE EXISTING FENCE, N 69 DEG. 39 MIN. 18 SEC. E 1068.54 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF AN 86.72 ACRE TRACT SURVEYED THIS DATE AND AT THE NORTHWEST CORNER OF THE 9.07 ACRE PROPERTY CONVEYED TO ROBERT A. CARROLL ET. UX. (DOC 9620944). THENCE, AS SHOWN ON THE ATTACHED SURVEY PLAT, WITH THE WEST LINE OF VARIOUS TRACTS CONVEYED OUT OF THE BRADY TRACT (448/452); FINDING IRON PINS NEAR LINE AS SHOWN ON THE ATTACHED SURVEY PLAT, S 20 DEG. 20 MIN. 43 SEC. E IN ALL 1265.33 FEET TO AN IRON PIN SET FOR THE NORTHEAST CORNER OF THE 15.72 ACRE TRACT CONVEYED TO ENRIQUE C. AND DORA S. PALACIOS AS DESCRIBED IN DOC. 2003048110 (ORWCT), IN THE WEST LINE OF THE 20 ACRE TRACT CONVEYED TO JIM WEBB ET. UX. AS DESCRIBED IN DOC. 9718233. THENCE, N WITH A BOUNDARY THAT DOES NOT FOLLOW THE EXISTING FENCE, FOLLOWING THE RECORD BOUNDARY OF THE PALACIOS TRACT, S 70 DEG. 24 MIN. 25 SEC. W 1742.57 FEET TO AN IRON PIN FOUND. THENCE ALONG OR NEAR THE GENERAL LINE OF AN EXISTING FENCE, WITH THE NORTH LINE OF THE 12 ACRE TRACT CONVEYED TO GARY T. AND DAYNA J. COLLIN AS DESCRIBED IN DOC 2001069029 (ORWCT), S 69 DEG. 54 MIN. 35 SEC. W 1742.30 FEET TO THE POINT OF BEGINNING. NOTE: THE BEARINGS, DISTANCES, AREAS AND COORDINATES SHOWN HEREON ARE TEXAS STATE COORDINATE SYSTEM GRID, CENTRAL ZONE (FIPS 4203) (NAD-83), AS DETERMINED BY THE GLOBAL POSITIONING SYSTEM (GPS). THE UNIT OF LINEAR MEASUREMENT IS U.S. SURVEY FEET. A BOUNDARY SURVEY EXHIBIT WAS PREPARED IN CONJUNCTION WITH THIS BOUNDARY EXHIBIT. EXHIBIT "A" LEGAL DESCRIPTION OF TRACT 1 - 34.19 ACRES WILLIAM ADDISON SURVEY, ABSTRACT 21 CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS KAILA 7/29/2021 4:50 PM K:\AUS CIVIL\069283500 - BOUNDARY LEGEND: P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRSC = IRON ROD W/"KHA" CAP SET PRWC = PLAT RECORDS WILLIAMSON COUNTY DRWC = DEED RECORDS WILLIAMSON COUNTY OPRWC = OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY L1 NaRrH 0 250 500 GRAPHIC SCALE IN FEET 12.91 AG WALIER TALE IORTON DOG NO. 2004OMW3 h G MEND L2 \ S69"54'35W 1742.58' 370024'25"W 673.40' \ S68`31'15"W 1742.58' !ti ,P41'05'VU 673.40' O � POB 34.19 AC & SW COR OF THE REMAINDER 129.07 AC BRADYTRACT , 1 S65'54'35"1N 1742.30' 12.00 AD. \ GARY T. \ CO, NS DOG N0. 2001089029 - aAr- Q I ERIC WAYNC BUTZ011', CT UX a ooG ND 200709BB99 z o \\c� SAT 1, MOCKCKR 1 OLOE soSUB OSON IVI \ DOG N0. 2019034012 \ REUAEBOER OF 124.91 AG YARNN G PA'TFER90H, ET UX VOL- 510. P0. 557 NOTE: THE BEARINGS, DISTANCES, AREAS AND COORDINATES SHOWN HEREON ARE TEXAS STATE COORDINATE SYSTEM GRID, CENTRAL ZONE (PIPS 4203) (NAD-83), AS DETERMINED BY THE GLOBAL POSITIONING SYSTEM (GPS). THE UNIT OF LINEAR MEASUREMENT IS U.S. SURVEY FEET. A METES & BOUNDS DESCRIPTION WAS PREPARED IN CONJUNCTION WITH THIS BOUNDARY EXHIBIT. S69"38'52"W IW6.11' S68'15'57"E 1068 54' Z IA �o i N �w r n [A rA ORES62 A4f909 g 10489,357 SQ. FT. 1"72 AG OWRTEHAY E 6 41'NN ARV - DOG N0. 199945700 L3 0 1.2972 AG JOHN D. AND ANNABEL BAIRD DOC. 25077456 1.9992 AG S7EPFiANIE Jt 0011AkA41 OONZALE'F� OG � D200901i170 _LLii 7 002 At DAN 3 RYBAS q DOC. C. 9732 9732914 17 100 AN RAMD10 8: PEREZ DOG B709BJ1 97000 S70°24'25"W 1742.57' 2,rT N69'01'18"E 1742.39' O'pGNp, 9y71 15.72 AG CW-PATSERSOH. LUC DOG NO, 2021013239 30.33 AC. SAMUEL GLENN PATTERSON DOC. NO. 2004059479 3O.W AG IVA ELIZABETH \ \ Q NO. 90N BAYS DOG N0. 2004059478 LINE TYPE LEGEND \\ ADJOINER LINE BOUNDARY LINE \ THIS IS AN EXHIBIT PREPARED BASED ON A FIELD SURVEY \ RETRIEVED FROM WILLIAMSON COUNTY RECORDS. NO TITLE RESEARCH WAS PROVIDED FOR THIS CREATION OF THIS EXHIBIT. ALL EXISTING EASEMENTS AND MATTERS OF ENCUMBRANCE ARE NOT SHOWN. THIS IS NOT A LAND TITLE SURVEY. EXHIBIT "B" LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 N19°56'32"W 49.97' L5 N69"39'17"E 0.05' L2 N20°06'26"W 60.00' L6 N69°39'17"E 0.09, L3 N69°39'17"E 0.28' L7 N69°39'17"E 0.78' L4 N69°39'17"E 0.13' L8 I N69°39'17"E 0.56' BOUNDARY SURVEY EXHIBIT TRACT 1 - 34.19 ACRES WILLIAM ADDISON SURVEY, ABSTRACT 21 CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS JONES, KAiLA7129/2021 4:49 PM - PATTERSON RANCHICAOWRELIMINARY - ACKNOWLEDGMENT AND CONSENT TO MUNICIPAL SERVICES AGREEMENT THIS ACKNOWLEDGMENT AND CONSENT OF MUNICIPAL SERVICES AGREEMENT (the "Acknowledgment") is executed effective as of the 4a' day of January, 2022, by CW-BRIGGS, LLC, a Texas limited liability company ("Current Owner"). WITNESSETH: WHEREAS, on or about November 9, 2021, a Municipal Services Agreement (the "MSA"), attached hereto as Exhibit "A", for the property located at 2755 Rockride Lane, Georgetown, Texas 78626 consisting of 34.19 acres (the "Property") was entered into between Mr. Earl Wayne Brady, the previous owner (the "Previous Owner") of the Property and the City of Georgetown (the "City") for municipal services for the Property; and WHEREAS, Current Owner acquired the Property from the Former Owner on December 21, 2021; and WHEREAS, Current Owner has executed that certain Property Owner's Consent Form on December 21, 2021; and WHEREAS, Current Owner has provided the City with its written request to continue with annexation pursuant to Texas Local Government Code. Sec. § 43.0671 dated January 3, 2022; and WHEREAS, in conjunction with annexation of the Property, the MSA will be recorded and become a covenant running with the land; and WHEREAS, Current Owner acknowledges the provisions of the MSA, the rights and obligations created thereby, and consents to the MSA being recorded in the chain of title for the Property; NOW, THEREFORE, for and in consideration of the recitals set forth above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Current Owner hereby acknowledges and consents as follows: Current Owner, as evidenced by its signature below, acknowledges it has reviewed the terms and provisions of the MSA, including the rights and obligations created therein, and consents to recordation of the MSA in the chain of title for the Property upon confirmation of annexation. SIGNATURES ON FOLLOWING PAGE CURRENT OWNER: CW-BRIGGS, LLC, a Texas 144ted liability company E.-CorTc, its President THE STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this ut"' day of January, 2022, by JOHN E. CORK, President of CW-BRIGGS, LLC, a Texas limited liability company, on behalf of said entity. (SEAL) Notary Public, State of Arizona Print Name: 10(k iS e. �— �du 'vAq My Commission Expires: 3 s b ALISA R ROTUNDO Notary Public, State of Arizona Maricope County Con rnission it S97154 My comrnission Expires { �� f,4arch 07. 2025, ? EXHIBIT "A" MUNICIPAL SERVICES AGREEMENT DATED NOVEMBER 9, 2021 SEE ATTACHED MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND EARL WAYNE BRADY 1-.& v-- This Municipal Services Agreement ("Agreement") is entered into on the day of lj6 0 a-m R C-A , Zoa, I by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and Earl Wayne Brady ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property o<<rner(s) that scts forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land located at 2755 Rockride Lane, which consists of approximately 34.19 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for annexation of the Property, identified as Annexation Case No. 2021 -9- ANX ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Georgetown City Council; and NOW TIIEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. Brady Tract. (2021-9-ANX) Municipal Service Agreement 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set Forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, roles, regulations, and policies. i. Fire Protection and Ememengy Medical 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. ii. Police — The City's Police Department will provide protection and law enforcement services. iii. Planning and Developm-ent Building Permits and lns ections Services - Upon annexation, the City will provide site plan review; zoning approvals; Building Code and other standard Code inspection services; City Code enforcement; sign regulations and permits; and Stormwater Permit services in the annexed. iv. Parks and Recreational Facilities. Residents of the Propertywill be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. Iu the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. V. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vi. Library — Upon annexation, library privileges will be available to anyone residing in the annexed arca vii. Stormwater !Mty Services — The Property will be included in the City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees Brady Tract (2021-9-ANX) Municipal Service Agreement 2 will cover the direct and indirect costs of stormwater management services. viii. 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. ix. Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utili —City- owned water and wastewater facilities that exist in the annexed area will be maintained in accordance with City ordinances, standards, policies and procedures. X. Solid Waste Services - The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Animal Control Services — Upon annexation, the City shall provide animal control services in the annexed area. xiii. Business Licenses and Regulations — Upon annexation, the City shall provide business licensing services (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) in the annexed area b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies, capital improvements schedule, and applicable law and at rates established by City ordinances for such services. c. The City may impose a fee for any municipal service in the area annexed if Brady Tract. (2021-9-ANX) Municipal Service Agreement 3 the same type of fee is unposed 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. d. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. e. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERA BILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Williamson County, Texas or the United States District Court for the Western District of Texas, Austin Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers Brady Tract (2021-9-ANX) Municipal Service Agreement 4 or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. CITY OF GEORGETOWN By: Josh S6hroeder Mayor Brady Tract (2021-9-ANX) Municipal Service Agreement 5 Approved as to Form: Skye Masso City Attorney Attest: r ---I K —, ORAL X •■- ! Mgym■ City Secretary State of Texas § County of Williamson § This instrument was acknowledged before me on the `J' day of , 2i7 J 1, by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of said corporation. f By: c i t �f I, I : �i ' "`! : LINDA RUTH WHITE My Notary ID # 124936123 Notary Public, State of Texas ;QF*' Expires May 24, 2024 Brady Tract. (2021-9-ANX) Municipal Service Agreement 6 (OWNER 1) $y: r (Earl Wayne Brady) (Owner) State of Texas § County of & Yr11* This instrument was acknowledged before me on the M """ day of O c*o+ae.V , 20 2-1, by Earl w r%'Wa of [Name of individual signing, title (if any)] o0behalf of saia' [insert name of company or individual where applicable]. By: r - � i ti1��yp�,, JAZMIN SOLIS Notary Public, State of Texas Comm. Expires 07-25-2022 Notary Public, State of Texas ;�v�F6;i;� f�otary ID 129897398 Brady Tract. (2021-9-ANX) Municipal Service Agreement 7 Brady Tract. (2021-9-ANX) Municipal Service Agreement EARLY' LAID SURVEYING, LLC R0. Box 92588. Austin. TX 78709 2 2a2 -86U 1 e striy-suryt Q; in_g com 1 f3PELS Firm Nu. 10194487 34.197 ACRES WILLIAMSON COUNTY, TEXAS A DESCRIPTION OF 34.197 ACRES (APPROXIMATELY 1,489,627 SQ. FT.) IN THE WILLIAM ADDISON SURVEY NO. 21, ABSTRACT NO. 21 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A 34.19 ACRE TRACT CONVEYED TO EARL WAYNE BRADY IN A SPECIAL WARRANTY DEED DATED SEPTEMBER 24, 2007 AND RECORDED IN DOCUMENT NO. 2007084256 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 34.197 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with "CCC 4835" cap found in the east right-of-way line of Rockride Lane (right-of-way width varies), being the southwest corner of the said 34.19 acre tract, being also the northwest corner of a 12.00 acre tract described in Document No. 2001069029 of the Official Public Records of Williamson County, Texas, from which a 1/2" rebar found in the east right-of-way line of Rockride Lane, being the southwest corner of the said 12.00 acre tract, bears South 21 °27'03" East, a distance of 300.00 feet; THENCE North 21 °29'57" West with the east right-of-way line of Rockride Lane and the west line of the said 34.19 acre tract, a distance of 60.00 feet to a 1/2" rebar found for the westernmost northwest corner of the said 34.19 acre tract, being also the southwest corner of a 52.53 acre tract described in Document No. 2007084257 of the Official Public Records of Williamson County, Texas, from which a 1/2" rebar found in the east right-of-way line of Rockride Lane, being the northwest corner of the said 52.53 acre tract, bears North 21 °29'57" West, a distance of 824.67 feet; THENCE with the common line of the said 34.19 acre tract and the said 52.53 acre tract, the following three (3) courses and distances: 1. North 68°31'25" East, a distance of 1742.62 feet to a 1/2" rebar found; 2. North 69001'10" East, a distance of 673.34 feet to a 1/2" rebar with "Forest" cap found for the southeast corner of the said 52.53 acre tract; 3. North 21'44'13" West, a distance of 841.10 feet to a 1/2" rebar with "Quick Inc." cap found for the southeast corner of a 6.479 acre tract described in Document Nn. 20190071 RR of the Offirini Pi ihlin Recnrr+q of Williamsnn County, TeYnc. Page 2 THENCE North 21 °44'13" West with the west line of the said 34.19 acre tract and the east line of the said 6.479 acre tract, a distance of 350.22 feet to a 1/2" rebar with "Forest" cap found for the northernmost northwest corner of the said 34.19 acre tract, being the northeast corner of the said 6.479 acre tract, being also in the south line of a 164 2/3 acre tract described in Document No. 1999083673 of the Official Public Records of Williamson County, Texas; THENCE North 68016'21" East with the north line of the said 34.19 acre tract and the south line of the said 164 2/3 acre tract, a distance of 1068.64 feet to a 5/8" rebar found for the northeast corner of the said 34.19 acre tract, being the northwest corner of a 9.07 acre tract described in Document No. 2015041939 of the Official Public Records of Williamson County, Texas; THENCE South 21044'10" East with the east line of the said 34.19 acre tract, the west line of the said 9.07 acre tract and the west line of a 1.9972 acre tract described in Document No. 2021046781 of the Official Public Records of Williamson County, Texas, a distance of 685.54 feet to a 1/2" rebar found for the southwest corner of the said 1.9972 acre tract, being the northwest corner of a 1.9974 acre tract described in Document No. 2016004775 of the Official Public Records of Williamson County, Texas; THENCE South 21 °44'10" East with the east line of the said 34.19 acre tract and the west line of the said 1.9974 acre tract, a distance of 123.67 feet to a 1/2" rebar found for the southwest corner of the said 1.9974 acre tract, being the northwest corner of a 1.9992 acre tract described in Document No. 2006014170 of the Official Public Records of Williamson County, Texas; THENCE South 21 "44'10" East with the east line of the said 34.19 acre tract and the west line of the said 1.9992 acre tract, a distance of 123.85 feet to a 1/2" rebar found for the southwest corner of the said 1.9992 acre tract, being the northwest corner of a 2.002 acre tract described in Document No. 1997032914 of the Official Public Records of Williamson County, Texas; THENCE South 21 °44'10" East with the east line of the said 34.19 acre tract, the west line of the said 2.002 acre tract, the west line of a 2.00 acre tract described in Document No. 1997009631 of the Official Public Records of Williamson County, Texas and the west line of a 20.00 acre tract described in Document No. 1997018233 of the Official Public Records of Williamson County, Texas, a distance of 332.20 feet to a 1/2" rebar with "Forest" cap found for the southeast corner of the said 34.19 acre tract, being the northeast corner of a 15.72 acre tract described in Document No. 2021013238 of the Official Public Records of Williamson County, Texas; THENCE South 69"01'10" West with the south line of the said 34.19 acre tract and the north line of the said 15.72 acre tract, a distance of 1742.59 feet to a 1/2" rebar with "CCC 4835" cap found for the northernmost northwest corner of the said 15.72 acre tract, being the northeast corner of the said 12.00 acre tract, from which a 1/2" rebar with "CCC 4835" cap found for the southeast corner of the said 12.00 acre tract, being Page 3 an angle point in the west line of the said 15.72 acre tract, bears South 21 °28'20" East, a distance of 300.00 feet; THENCE South 68031'25" West with the south line of the said 34.19 acre tract and the north line of the said 12.00 acre tract, a distance of 1742.33 feet to the POINT OF oE€9IINNINO, containing 34.197 acres of land, more or less. Surveyed on the ground on August 11, 2021. Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing the SmartNet North America Network. Attachments: Survey Drawing No. 1115-001-BASE Z&Zf Joe Ben Early, Jr. Date � OF r� Registered Professional Land Surveyor State of Texas No. 6016 JOE BEN EARLY, JR. ........................... 6016 � ° S UR\j cnvvvo Ag� m p:�zMw O ��o mz m0 mm mzm mzo 0K �MWM = m� 7C _ C C D _ InN� Dm M� Mm �D Jo L4o-n m0 0mm N O_-nf t�7 o f O c) m cn Z D ={ a to A cO n _D fn v Z !n _ I N ZW pN M0 rz Lndo Wom r- zzOm D z0CA in--r mO �D >U) D II WC0m —Mo � !<00 -0—N C 0 ❑O 0 �� Wm �''� 3N m.4T woo Eu)ao� m C �� = nib cy or^ O Z g pw- n ; C0 NO D� C)� aw M i 00ZM m I*1000 m� vp o 0 N M <om �0 Co Z z II z ^ Z -0 Z n n � O �� o z zNzo Nr. a ow o� v m r o>�m _ Co mm r- z ML"C-0 v0 `Z'p N z K Dr D O1. Ci K_NO �' m� Z I3Z O �r-z m OA ON' OD n m �W 0I �000VN UOOiZ �U-4� OOD0OL - D ►� Z-n z 0 w ` 1 OCID N�� 1� +�- l! rr 00Za N Crn W N m .. �5-ja � C ;J �. _N)N_NOZDN M n _C m•` Z 0 z n�i a N N C7�Z� I -`D Z NCJIZ� _ r m m m m M C r = m m m T 0 OX - 0 0 0 4 -4 0 z a a s OC G c:: z �- �' I rTi I croo o O M M m �b t �1' 0 W 2 2 2 C m r WNN�'01 O z a a- v m O> NWWv�D Z= 0 c O o 0) 0 o m z p ..pp OD 30� m O Chit V m w z- D m` 0 _ � m. nn mzm N�m Cl) m z O _�z _0 ZV� DC� DD m ;6i O 0 z 0 Z coO Z=mm ' z � DzN > mZ 0 o 0000" 0 zz C cnm � v=^� Nmmoaw N.. oNaz a N0m00 o O s;MA - W �vwi n_c Eqm0 ��ITI oz4 cn G p o m cn o ROCKRIDE LANE m m (R.O.W. WIDTH VARIES) i No S21'27'03'E L1 N21'29'57V 824.67' oz 300.00' / (N20'06'26"W 824.81') 0 0 (S19*01'11 "E w 300.00') O m cn I W o v II � D _ > o M rn D O X oo p _- cc N v _ D N �. < D Z n ^ 00 0 q W Z N LP O !v m 1 LA 0 0 Ln c N R1 I*I J W o con Dv Z V M� wn C) m � N JQ rn O i (mn� � v � N vNN VJ D PO N o vN O N C C W Z -� O 4 Z N D n �Z Ln 'yam 00 N o ' th . M PQ Lnn i cl f� 1 A S21.28'200E 300.00' MATCHUNE SHEET 2 " (S19'01'110E 300.00') �• *� MA TCHLINE SHEET 3 A A A 300.00' MA TCHL/NE SHEET 2 300.00') � � �� = I MA TCHUNE SHEET 3 to 0 Z m Z cD r Z R _O oz o W0 NCnD NOZ i pz N O NOJ T10 �OI �J 0 fnm � w" RiM 0�''v 0tO v0 00 >C- �4 rri W .� En z .. Ln 0 F I z = N21'44'13"W 841.10' N21'44'13"W 350.22' (N21'44'07"W 840.98') o (N21'44'07"W 350.17') N Cn V `�-- u. Z En ' 4y M: q� _ N O cq o v N ` : =y;�; �1 N z Du}may rn C y 5� �- T O 0 CA OD �L N w rCO ] �_ V+ 00> m4 ~ W N oo D Z t0 ' Z wnm cNn�ao N0 `° � M V �7 N M O N `�'� m �_ w V1 cn W m Z � 7c, OD r e / J _~ O O cn 00 Ln LA LA v CA S21'44'10"E 1265.26' (S2(r20'43"E 1265.33') 15 1 4 i 3 S21'44'10"E 685.54' io D to COOCD0 00 ,4O00 m N00 tVp r0 A 0� < t0 p�� IJ NON N> OPQ OO*bm D�—O0�0Dt�Q7 om m N �M Oto � � r'm �_0[r IT ^ L4 W y OM�s Z Lo N O tn EARL' LAND SURVEYING, LI_.0 P.O. Box 92588. Austin, TX 78709 5 12-202-8053 1 earlysurveyirg.com ry' yY�] 1.397 ACRES WILLIAMSON COUNTY, TEXAS A DESCRIPTION OF 1.397 ACRES (APPROXIMATELY 60,859 SQ. FT.), BEING OUT OF THE EXISTING RIGHT-OF-WAY OF ROCKRIDE LANE (COUNTY ROAD NO. 110), A VARIABLE WIDTH RIGHT-OF-WAY, AS MONUMENTED, NO DEED REFERENCE FOUND, SAID 1.397 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with "CCC 4835" cap found in the east right-of-way line of Rockride Lane, being the southwest corner of a 34.19 acre tract described in Document No. 2007084256 of the Official Public Records of Williamson County, Texas, being also the northwest corner of a 12.00 acre tract described in Document No. 2001069029 of the Official Public Records of Williamson County, Texas; THENCE South 21 °27'03" East with the east right-of-way line of Rockride Lane and the west line of the said 12.00 acre tract, a distance of 300.00 feet to a 1/2" rebar found for the northeast terminus of a 6.496 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-51, being the southwest corner of the said 12.00 acre tract, being the westernmost northwest corner of a 15.72 acre tract described in Document No. 2021013238 of the Official Public Records of Williamson County, Texas, from which a 1/2" rebar found in the east right-of-way line of Rockride Lane, being the southwest corner of the said 15.72 acre tract, bears South 21 °24'02" East, a distance of 50.13 feet; THENCE South 68°19'48" West crossing Rockride Lane with the northern terminus of the 6.496 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-51, a distance of 56.75 feet to a calculated point in the west right-of-way line of Rockride Lane, being the northwest corner of the 6.496 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-51, being also in the east line of Lot 1, Block AA, Amended Final Plat of Kasper, Section 1, a subdivision of record in Document No. 2018094848 of the Official Public Records of Williamson County, Texas; THENCE North 21 °40'12" West with the undedicated west right-of-way line of Rockride Lane, the east line of the portion of Rockride Lane dedicated on said Amended Final Plat of Kasper, Section 1, the east line of said Lot 1, Block AA and the east line of Lot 1, Block Z, of said Amended Final Plat of Kasper, Section 1, a distance of 1040.16 feet to a 5/8" rebar with "BGE" cap found for the southwest terminus of a 1.182 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-88; Page 2 THENCE North 68°29'42" East crossing Rockride Lane with the southern terminus of the 1.182 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-88, a distance of 60.10 feet to a calculated point in the east right-of-way line of Rockride Lane, being the southeast corner of the 1.182 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-88, being also in the west line of a 52.53 acre tract described in Document No. 2007084257 of the Official Public Records of Williamson County, Texas, from which a 1/2" rebar found in the east right-of-way line of Rockride Lane, same being the east line of the 1.182 acre portion of Rockride Lane annexed in City of Georgetown Ordinance No. 2019-88, being also the northwest corner of the said 52.53 acre tract, bears North 21 °29'57" West, a distance of 144.67 feet; THENCE South 21 °29'57" East with the east right-of-way line of Rockride Lane and the west line of the said 52.53 acre tract, a distance of 679.99 feet to a 1/2" rebar found for the southwest corner of the said 52.53 acre tract, being also the westernmost northwest corner of the said 34.19 acre tract; THENCE South 21 °29'57" East with the east right-of-way line of Rockride Lane and the west line of the said 34.19 acre tract, a distance of 60.00 feet to the POINT OF BEGINNING, containing 1.397 acres of land, more or less. Surveyed on the ground on September 10, 2021. Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing the SmartNet North America Network. Attachments Survey Drawing No. 1115-001-ROW1 OF 'z Joe Ben Early, Jr. Date CO. tt cn Registered Professional Land Surveyor JOE BEN EARLY, JR. State of Texas No. 6016 �SURo _ A SKETCH TO ACCOMPANY A DESCRIPTION OF 1.397 ACRES (APPROXIMATELY 60,859 SQ. FT.), BEING OUT OF THE EXISTING RIGHT —OF --WAY OF ROCKRIDE LANE (COUNTY ROAD NO. 110), A VARIABLE WIDTH RIGHT—OF—WAY, AS MONUMENTED, NO DEED REFERENCE FOUND. LINE TABLE LINE BEARING DISTANCE (RECORD) L1 S21'29'57"E 60.00' 1 (s2(ros'26"E 60.0o') L2 S68' 19'48"W 56.75' (S68.19'48"W 56.61') L3 N21'40'12"W 1040.16' L4 N68'29'42"E 1 60.10' (Nss'29'42"E 60.09') L5 S21'29'S7"E 679.99' 1-6 N21'29'57"W 1 144.67' DATE OF SURVEY: 9/10/21 PLOT DATE: 9/24/21 DRAWING NO.: tit 5-001—ROW1 DRAWN BY: JBE SHEET 1 OF 2 LEGEND • 1/2" REBAR FOUND (OR AS NOTED) .BGE 5/8" REBAR WITH "BGE" CAP FOUND occc 1/2" REBAR WITH "CCC 4835" CAP FOUND o CALCULATED POINT ( ) RECORD INFORMATION �+ URVEYINEL r E nY LAND; P.O. BOX 92588 AUSTIN, TX 78709 512-202-8631 FIRM NO.10194487 BEARING BASIS: THE TEXAS COORDINATE SYSTEM OF 1983 (NA083), CENTRAL ZONE, UTILIZING THE SMARTNET NORTH AMERICA NETWORK. ATTACHMENTS: METES AND BOUNDS DESCRIPTION 1115-001—ROW1 (9) �: 1 " = 200' 1 R.O.W. DEDICATED IN (2020143308) ROCKRIDE LANE (COUNTY ROAD NO. 110) (R.O.W. WIDTH VARIES) y (ORDINANCE NO. 2019-88) 6.62' OF R.O.W.PDEDICATED IN (2018094848) n "R. JO...C14,- JEA W W UNDA BRADY JOHNSON FAIRHAVEN GATEWAY�� 52.53 ACRES (2007084257) (50' R.O.W. WIDTH) Lo to 90 (2018094848) N 1.397 ACRES APPROX. 60,859 SQ. FT. ROCKRIDE LANE ROCKRIDE LANE R.O.W. WIDTH) (COUNTY ROAD NO. 110) -(73' (2018094848) (R.O.W. WIDTH VARIES) ` .. EARL WAYNE BRADY 34.19 ACRES (2007084256) o N � P.O.B. Y� ~O V o fit{' Li Li�o. J i o Oj p O 2,. GARY T. COLLINS AND p 4 v DAYNA J. COLLINS cy o a Q 12.00 ACRES ?' M r' P3 (2001069029) in L LOT 1 BLOCK AA --S21'24'02"E 50.13' (S19'01'11"E 50.00') AMENDED FINAL PLAT OF " KASPER, SECTION 1 (2018094848) ROCKRIDE LANE COUNTY ROAD N0. 110 ( ) CW-PATTERSON, LLC (R.O.W. WIDTH VARIES) 15.72 ACRES (2021013238) (ORDINANCE NO. 2019-51) EARLY LAND SURVEYING, LLC P.O. BOX 92588 AUSTIN, TX 78709 DRAWING NO.: 1115-001-ROW1 512-202-8631 SHEET 2 OF 2 FIRM NO.10194487