HomeMy WebLinkAboutORD 2022-13 - ANX Gardiner-Mueller HomeOrdinance No. 1027 V
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 of certain territory consisting of 1.56 acres, more or less, in
the David Wright Survey and portions of right-of-way on Oak Crest 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 William L.
Gardiner and Roberta Mueller for 1.56 acres on November 23rd, 2021; 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
1.56 acres in the David Wright Survey Abstract No. 13, as shown in "Exhibit A" and as described
in "Exhibit B" of this ordinance (the "Property"). The Property is hereby included in City Council
District 2, as it is adjacent to Council District 2 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.
Ordinance No. ),o m - 63 Page 1 of 2
Gardiner -Mueller Home 1.56 acres 2021-16-ANX
Date Approved: February 8th Exhibit A,B,C attached
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 251h day of January.
Passed and Approved on Second Reading on the 81h day of Febrary.
Attest:
Robyn De Amore, TRMC
City Secretary
Approved as to form:
Skye lgassonC
City Attorney
Ordinance No. =It - lj) Page 2 of 2
Gardiner -Mueller Home 1.56 acres 2021-16-ANX
Date Approved: February 8th Exhibit A,B,C attached
z� N
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND WILLIAM L. GARDINER AND ROBERTA MUELLER
This Municipal Services Agreement ("Agreement") is entered into on the ' —day of
oV r Zo X) by and between the City of Georgetown, Texas, a home -rule
municipality of the State of Texas ("City") and William L. Gardiner and Roberta Mueller
Cowner").
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 Govemment 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 owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective pate");
WHEREAS, Owner owns certain parcels of land located at 407 Oak Crest Lane, which
consists of approximately1.56 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. 2021-16- 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 THEREFORE, 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,
Whir--h may be aecornphs. ed t ;,—Oug ; any means permitted by law.
407 Oak Crest Ln (2021-16-ANX) Municipal service Agreement
I
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, rules,
regulations, and policies.
i. Fire Pr le Lion and Emergency Medical 5ervices 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 i2evelopnicni, BuildingPermits and Iti5i2ectigns
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, 1' srks and 1ZCC1'C3l1o1Ia1 F ciIitics. Residents of the Property will 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. In 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. 01hu Pubficly Owned 13ItiIdIiigs. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
Vt. Library — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utility Servicgs= 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
407 Oak Crest Ln f2021-16-ANXI Municipal Service Agreement
2
will cover the direct and indirect costs of stoimwater management
services.
viii. Strects. Roads and Strcet 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, slung 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 Fa ilitie in the An xed Area that Are Not
Within dse Area of Another Water or Wastewater Utility —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 Scrvi�cs — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Liccnscs and Regidalions — 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
407 Oak Crest Ln (2021-16-ANX) Municipal service Agreement
3
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.
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. SEVERABILITY. 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, tern, 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.
8. 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 orto 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
407 Oak Crest Ln (2021-16-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 fist above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
By-
407 Oak Crest Ln (2021-16-ANX) Municipal Service Agreement
5
Approved as to Form:
�J
Skye asstn
City Attorney
Attest:
ZOD nslc, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the a.� rfc. day of IVO m n &-r- , 24- 4
by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of
said corporation.
Notary Public, State of Texas
:d''n` `+'• DANELLA ELLIOTT
p r"vA%.
In'';"x Notary Public, State of Texas
Comm. Expires 07-16-2023
`'•�;r°,;,;o`'` Notary ID 128629876
407 Oak Crest Ln (2021-16-AN7) Municipal Service Agreement
6
(OWNER 1)
William L. Gardiner
Owner
State of Texas §
County of §
This instrument was acknowledged before me on the L 7.cLhday of20.9LL, by
�lj}i.1L1Q1 SIB_41t.s1 Q.� of IName of individual signing, title (if
any)] on behalf of� (insert name of company or individual
where applicable].
By: r�r
Notary Public, State of Texas
=NYWrylD#132617133-0
DIN ,
ic
XAS
•08-24
133.0
407 Oak Crest Ln (2021-16-ANX) Municipal Service Agreement
(OWNER 2)
By: -Z ltluftok
RgGerta Mueller
Owner
State of Texas §
County of emu} 1 10M
This instrument was acknowledged before me on the L 2&y day of n nip XxIbgr 20ZA, by
.LL-A o r t-4 Ua � aASuc_ _ of [Name of individual signing, title (if
any)] on behalf of said [insert name of company or individual
where applicable] 17
By: �' K ZX
Notary Public, State of Texas
0:AMIRECL'AVERD).v
Notary PublicSTATE p1 TEXASy Comm. Exp, 09 1a.2a
Notary ID N 13267t::;•-o
407 Oak Crest Ln (2021-16-ANX) Municipal Service Agreement
8
EXHIBIT A
407 Oak Crest Ln (2021-16-ANX) Municipal Service Agreement
9
20pt}22999a2840 Oak Cmt\Survay Data\CAD\US40,ANNK-OAK CRESf.dwg, Layout1, 10/1R021 3.'OE;13 PM
3 0-
Spm�=�� Z�O �g v,t.�0
C~Z Om �9N � �_ho
ho
�o
�C.it 0 0,
m
$A � p� C Z z �• g m
ti m a z
O �o f+
T �N I
!;ma J
q \SRmc ZZE
�w
\ v n `� '6
N�1S3. ado
3
om
o
� �
— =i� A�So tt,+r81
Gox
7 A�!J 2 n 0
rri�pp i i 61 7A
p�j it S!g 4mr
[7 arn: m �.
m oo
O� ~ WO C �} �
mC
>
f O n
_ w
CITY OF GEORGETOWN CITY UMITS
WOODBINE CIRCLE
CABINET T, SUDE 321, PR
15V Rawi
r
-+
zto
o
W
V
(In�G) a �
�
m oo Q
Is
LI
s
Z T
rlZn
�
G1
&#
10mI
In m
r p D
m
zz
N
Pm
m
o Z
N
ZZ
11
Z
_ J
Page 1 of 2
Proj No. 22840
October 7, 2021
DESCRIPTION OF ANNEXATION
Annexation
Oak Crest Estates
The Falls of San Gabriel
Williamson County, Texas
DESCRIPTION OF AN APPROXIMATE 0.45 ACRE TRACT OF LAND OUT OF OAK CREST LANE,
A 50 FOOT WIDE PUBLIC ROADWAY, AS DEDICATED ON THE RECORDED MAP OF OAK
CREST ESTATES UNIT 1, ACCORDING TO THE MAP THEREOF RECORDED IN CABINET B,
SLIDE 79, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND OUT OF
SPRINGWOOD LANE, A 60 FOOT WIDE PUBLIC ROADWAY, AS DEDICATED ON THE
RECORDED MAP OF THE FALLS OF SAN GABRIEL, ACCORDING TO THE MAP THEREOF
RECORDED IN CABINETT, SLIDE 321, SAID PLAT RECORDS, SAID 0.45 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point on the south right-of-way line of said Springwood Lane, at its intersection with the
west right-of-way line of Woodbine Circle, said point being on the city limits line of Georgetown, Texas, a
50 foot wide public roadway, as dedicated on said recorded map of THE FALLS OF SAN GABRIEL, for the
northeast corner of Lot 12-A, Block 1, LOT 12-A, BLOCK 1, OAK CREST ESTATES UNIT 1, a map of which is
recorded in Cabinet J, Slide 301, said Plat Records, and for the southeast corner of the herein described
tract;
THENCE, in a westerly direction, with the north boundary line of said Lot 12-A, the following five (5)
courses:
1. with said south right-of-way line of Springwood Lane, approximately 174 feet to a point at Its
intersection with the east right-of-way line of said Oak Crest lane, for the southwest comer of said
Springwood Lane;
2. with said east right-of-way line of Oak Crest Lane, approximately48-5 feet to a pointfor an interior
ell corner of said Lot 12-A;
3. with a south right-of-way line of Oak Crest Lane, approximately 50.0 feet to a point for an interior
ell comer of said Lot 12-A;
4. with a west right-of-way line of Oak Crest Lane, approximately 56.0 feet to a point at its
intersection with the south right-of-way line of Oak Crest Lane;
S. with said south right-of-way line of Oak Crest Lane, approximately 70 feet to a point for the
northwest corner of said Lot 12-A, and for the southwest corner of the herein described tract;
THENCE, in a northerly direction, crossing said Oak Crest Lane at right angles therefrom, to a point on the
north right-of-way line of Oak Crest lane, same line being the south boundary line of lot 22, Block 2, said
OAK CREST ESTATES UNIT 1, for the northwest corner of the herein described tract;
THENCE, in an easterly direction, with said north right-of-way line of Oak Crest Lane, to a point for the
southeast corner of said Lot 22;
r {
STEGER B1ZZELL
I i 1978 S. Austin Ave
Georgetown, TX 78626
Page 2 of 2
Proj No. 22840
October 7, 2021
Annexation
Oak Crest Estates
The Falls of San Gabriel
Williamson County, Texas
THENCE, continuing in an easterly direction, crossing said Oak Crest Lane, to a point on the east right-of-
way line of said Oak Crest Lane, for the southwest corner of Lot 10, Block 1, said OAK CREST ESTATES
UNIT 1, and for the northwest corner of said Springwood Lane;
THENCE, continuing in an easterly direction, with the north right-of-way line of Springwood Lane, same
line being the south boundary line of said Lot 10, approximately 185.5 feet to a point on said city limits
line for the southeast corner of said Lot 10 and for the northwest corner of the herein described tract;
THENCE, in a southerly direction, crossing said Springwood Lane, with said city limits line, to the POINT
OF BEGINNING, and containing approximately 0.45 acres of land, more or less, within these metes and
bounds.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF
AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN
REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE
CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR
WHICH IT WAS PREPARED.
Steger & Bizzell Engine min ifsc.
Miguel A. Escobar, LSLS, RPLS
Texas Reg. No. 5630
1978 South Austin Avenue
Georgetown, Texas 78626
(512) 930-9412
TBPELS Firm No. 10003700
P:\22000-22999\22940 Oak Crest\Survey Data\Descriptions\22840-Annex Rd Oak Crest.docx
$t,E G E
.,.RJJLB IZZELL
1978 S. Austin Ave
Georgetown, TX 78626
i 3�r �f p g �• No V Nuj
N r°gad£ m
lia � .. � ���'��
g JO lei-
c<I 00
sY
j' :
ij^n a �a�'g ld� kx�xt 1j;T e oiglbt
s
a r i 1 y
p �qa�'�:����1£�•� ��"a� a��� 3� i��� a �� a_�r aa�a�a ns
G il i y �e
F I'llj - aei v aeon a I:��Y
LM
- - „ 1ikr
de
i N
r
!i
1 ;
LO
Mm�
t �:~ 1�5 i y s� 1 ql�. •a�� xj�• a 'Uw'
Lo
41A CD
cu so
!.a _"'Y" y� g � iC �Z s p.rq s � � •d; ..• C: J O <¢ � a
will
4�
-3 K 5a1: qa. S�i7 is"si��
'Jill, g+
1. I��
Y L
�•y�l !]Jill
7 l Sj
ES�S,. I�r3���fi •_�• �i� .���3:F � � =s� airy° � !
Vi
i-r8 rk "ii � �•�� � �39f�� $�d '1 r����_ ��Fr � _r ei , ,�
E � �A:i��di��i� � @ @ s���� �:�a�#e� �� �� sia!ZS ���d � �s• : i� vit � \!�
����} 25