HomeMy WebLinkAboutRES 061422-F - ILA Releasing LandrRESOLUTION NO. JAUU2M&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS (-GEORGETOWN" ), APPROVING AN
INTERLOCAL AGREEMENT ("ILA") WITHTHE CITY OF LEANDER,
TEXAS ("LEANDER"), RELEASING APPROXIMATELY 28.212 ACRES
FROM LEANDER'S EXTRATERRITORIAL JURISDICTION ("ETJ") TO
GEORGETOWN'S ETJ, SAID LAND BEING IN THE AREA SOUTH OF
RM 2243/LEANDER ROAD NEAR ITS INTERSECTION WITH
PARKSIDE PARKWAY, WILLIAMSON COUNTY, TEXAS,
RESULTING IN A REDUCTION OF LEANDER'S ETJ AND AN
EXPANSION OF GEORGETOWN'S ETJ, AND RELATED MATTERS;
ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
authorizes a local government to contract with one or more local governments to perform
governmental functions and services under the terms of the Act; and
WHEREAS, Section 42.022(b) of the Texas Local Government Code states that "The
extraterritorial jurisdiction of a municipality may expand beyond the distance limitations
imposed by [Texas Local Government Code] Section 42.021 to include an area contiguous
to the otherwise existing extraterritorial jurisdiction of the municipality if the owners of
the area request the expansion"; and
WHEREAS, by letter dated �-7, U Z- - attached as Attachment 1, HM CR 176-2243
LP ("Owner"), as owner of approximately 28.212 acres of land generally located south of
RM 2243/Leander Road near its intersection with Parkside Parkway (the "ETJ Transfer
Area"), requested that said land be transferred from the City of Leander's ETJ to the City
of Georgetown's ETJ to facilitate the provision of water and wastewater service by the
City of Georgetown to the ETJ Transfer Area, and development of the ETJ Transfer Area
consistent with the Owner's Parkside on the River Subdivision project pursuant to the
agreements between Owner and the City of Georgetown; and
WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, a city's ETJ
can be reduced if the city's governing body gives its consent by ordinance or resolution;
and
o6IL{ ZZ-F
Resolution No. gmvm
Approving Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer Page 1
1W1142385.3}
WHEREAS, the ETJ Transfer Area is contiguous to the City of Georgetown ETJ; and
WHEREAS, the City of Leander and the City of Georgetown desire to memorialize their
agreement regarding the ETJ Transfer Area as set forth in the "Interlocal Agreement
Allocating Extraterritorial Jurisdiction Between the City of Leander, Texas, and the City
of Georgetown, Texas" ("ILA"), attached as Attachment 2 and incorporated herein for all
purposes; and
WHEREAS, the City Council of the City of Georgetown, Texas, hereby finds that the
agreements made in the ILA will promote a more efficient use of government resources
and better management of growth in the area subject to the ILA and is in the public
interest of the City of Georgetown and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does
hereby find that the forgoing recitals are true and correct and adopts the recitals by this
reference for all purposes.
SECTION 2: The City Council hereby approves the ILA attached hereto as Attachment
2. The City of Georgetown's Mayor is authorized to execute the ILA and the City of
Georgetown's City Manager is authorized to take all other necessary actions allowed by
law to implement or otherwise perform the ILA.
SECTION 3. The City Council does hereby approve adjusting the boundaries and limits
of the ETJ of the City of Georgetown pursuant to and in accordance with the attached
ILA, such that the City of Georgetown's ETJ shall be and is thereby adjusted to expand,
include, and encompass the ETJ Transfer Area described in Exhibit A to the ILA attached
as Attachment 2.
SECTION 3. This Resolution shall take effect immediately upon its passage.
List of Attachments:
Attachment 1: Owner Letter
Attachment 2: ILA
Resolution No. 0l1t10 ZL—F
Approving Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer Page 2
{W1142385.3}
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on
the f `f fllud ayof , lx�,- , 2022.
CITY OF GEORGETOWN, TEXAS
By:
Mayor
ATTEST:
By:
Robyn bensmore, City Secretary
APPROVED AS TO FORM:
By:
Skye Mas on, City Attorney
Resolution No. a{ ( b zz — F
Approving Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer Page 3
{W 1142385.31
Attachment 1 to Georgetown Resolution Approving the ILA
Owner Letter Requesting Transfer
(see following pages)
{W1142385.3}
For HM CR 176-2243 LP letterhead
June 7, 2022
Via Email
City of Leander, Texas City of Georgetown, Texas
105 N. Brushy Street 8o8 Martin Luther King Jr. Street
Leander, Texas 78641 Georgetown, TX 78626
Attn: Robin Griffin Attn: Nick Woolery
Email: mn iffinOleandertx.gov Email: nick.woolery rr georgetown_org
Dear Robin and Nick:
As you know, HM CR 176-2243, LP (the "De o r") owns the approximately 28.212
acres of land described by metes and bounds and accompanying sketch on the attached
Exhibit "A" (the "Parkside Peninsula Tract"), which is currently located in the extraterritorial
jurisdiction ("ETJ") of the City of Leander (" Leander"). Please accept this letter as the
Developer's request, pursuant to Section 42.022(b) of the Texas Local Government Code, that
the Parkside Peninsula Tract be transferred from Leander's ETJ to the ETJ of the City of
Georgetown ("Geor„ etrt own") in accordance with the proposed "Agreement Regarding CCN
Decertification and ETJ Release for the Parkside Peninsula Tract" between the Developer and
Leander and the "Interlocal Agreement Allocating Extraterritorial Jurisdiction between the City
of Georgetown, Texas and the City of Leander, Texas" between Georgetown and Leander, copies
of which are attached collectively as Exhibit "B", in order to facilitate the provision of water
and wastewater service by Georgetown to the Parkside Peninsula Tract, and development of the
Parkside Peninsula Tract consistent with the Developer's Parkside on the River Subdivision
project pursuant to separate agreements between the Developer and Georgetown.
Sincerely,
HM CR 176-2243, LP, a Texas limited
partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, General Partner
By: 9" 2kg�
Blake J. Magee,/President
Cc: Paige H. Saenz(paiU(tDcityrittoriieytex.is.coyn)
Trish Erlinger Carls (tcarls Catcarlslaw.com)
Skye Masson (slcye.:nasson r�i gevrgetowii.or ;)
John Bartram (jbartram®abaustin.coin)
{ W 1156541.1 }
EXHIBIT "A"
PARKSIDE PENINSULA TRACT
28,212 Acres
THAT PAXI' OF THE JOHN T. CHURCH SURVEY, ABSTRACT No. 140, IN WI-LLIAMSON
COUNTY, TEXAS, BEING A PART OF THAT CALLF.I) 49.556 ACRE TRACT OF LAND
CONVEYED TO 11M CR 176-2243, LP, BY DEED RECORDED IN DOCUMENT No. 2018023178 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON, COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BF61N at a 3/8" izon rod found on the north line of said 49,556 Acre Tract, being also at the southeast
corner of an 89,41 Acre Tract of land conveyed to Anita Martinez, et al, by deed recorded in Document
No. 2012066513 (Cause No. 11-00262-CP4) of the Official Public Records of Williamson County, Texas,
and at the southwest corner of a 40.80 Acre Tract of land conveyed to II:M CR 176-2243, LP, by deed
recorded in Document No. 2018012540 of the Official Public Records of Williamson County, Texas;
THENCE N69°28'39"E along the north line of said 49,556 Acre Tract, being also the south line of said
40.80 Acre Tract a distance of 232.16 feet;
THENCE S21 °1919"E across said 49,556 Acrc Tracl a distance of 417.25 feet to a 60-1) Nail found on
the south line ,said 49,556 Acre Tract, same being the north line of a 26,045 Acre Tract of land (Exhibit
13) conveyed to Tommy Diaz by deed recorded in Document No. 2002058098 of the Official Public
Records of Williamson County, Texas,
TIIIiNCE S68057'32"W along; the south line of said 49.556 Acre Tract, same being the north line of said
26,045 Acre Tract and along a old fence a distance of 758.02 feet to a 1/2" iron rod with cap labeled
RPLS 1847 liound at the northwest comer of said 26.045 Acre Tract and the northeast corner of a 3.55
Acre Tract of land conveyed to Toby D. Steele by deed recorded in Document No. 2013066332 of the
Official Public Records of W illiamson County, Texas;
THENCE S68°58'37"W continuing along the souQi line of said 49.556 Acre Tract, saute being the north
line of said 3.55 Acre Tract and said fence, a distance of 393.43 feet ton 1/2" iron rod with cap labeled
RPLS 1847 found at the norfhwcsl corner of said 3.55 Acre Tract and the northeast cotter of a 4.44 Acre
Tract of land conveyed to Dayton Klein Trustee laving Trust by deed recorded in Document No,
20l 1012660 of the Official Pubic Records of Williatson County, Texas;
THI,NCI-, 869"02'52" W continuing along the south line of said 49.556 Acre 'Tract, same being the north
line of said 4.44 Acre'Cract and along said fence a distance of 486.09 feel to a 1/2" iron rod with cap
labeled RPLS 1847 found at (lie northwest, corner of said 4.44 Acre'Tract and at the ❑otthcast corner of a
4.45 Acre Tract of land conveyed to Dayton Klein and T;lyce Klein by deed recorded in Document No.
2004096526 of the Official Public .Records of Williamson County, Texas;
TI IIENCE S69"03'15"W continuing along the south line of said 49.556 Acre Tract, same being the north
line of said 4.45 Acre Tract and along said fence, a distance of 479,74 feet to a 1/2" iron rod with cap
labeled RPLS 1847 found at the northwest corner of said 4.45 Acre Tract and at the northeast comer of a
8.03 Acrc'f -act of land conveyed to Brian K. Flachs and wife Lisa S. Flachs by deed recorded in
Document No. 2005033065 of the Official Public Records of Williamson County,'I'exas;
'I'll HNCE S69"03'43"W continuing along the south line of said 49.556 'Tract, same being the north line of
said 8.808 Acre Tract and along said Icncc a distance of 798.84 feet to a 1/2" iron rod fount{ at the
southwest corner of said 49.556 Acre Tract, being also at the northwest corner of said 8.08 Acre Tract and
on the cast line of a 168.4 Aerc Tract of land conveyed to CSM-Mason Family I2 by deed recorded in
Document No. 201 1086909 of the Official Public Records of Williamson County, Texas;
Page 1 ol'2 2779-DESC-28,212AC.D0CX
{W1156541.1 }
28.212 Acres
ITTENCE, N21 001'52"W along the west line of said 49.556 Acre Tract same being the east line of said
168A Acre Tract and along an old fence a distance of 423.35 feet to a 1/2" iron rod set at the northwest
corner of said 49.556 Acre Tract, being also at the southwest corner of said 89.41 Acre Tract;
THENCE N69006'39"E along the north line of said 49,556 Acre Tract, the south line of said 89.41 Acre
Tract and along an old fence, a distance of 2681.86 foot to the Point of Beginning.
Containing 28,212 acres, more or less, as shown on the sketch attached.
All iron rods set have Ri Surveying caps, All rod found are 1/2" unless otherwise noted
Bearings are based on the Texas State Plane Coordinate system of 1983, Central Zone (4203)
OF
William L. Jo)956111
Registered PrMlessiona I T.and Surveyor No. 5425 j
State of Texas ..................
LLIAM L. JOHNSON
.... .............
10 Surveying & Associates, Inc. 5425
2900 Jazz Street
Round Rock, Texas 78664
E-10015400
Page 2 of 2
(WI156541.1)
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{ W 1156541.1 }
EXHIBIT "B"
AGREEMENT REGARDING CCN DECERTIFICATION AND ETJ RELEASE
FOR THE PARKSIDE PENINSULA TRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIATNISON
That this AGREEMENT REGARDING CCN DECERTIFICATION AND
ETJ RELEASE FOR THE PARKSIDE PENINSULA TRACT (this "Agreemen ") is
by and between the City of Leander, Texas ("L.•eartdyr"), a hoine-rule municipality
located in Williamson County, Texas, and HM CR 176-2243, LP, a Texas limited
partnership (the " r ) "). Leander and the Developer may be referred to herein
individually as a "Eg " or collectively as the "Parties".
RECITALS
WHEREAS, Leander is a home -rule city and municipal corporation organized
and operating in accordance with the laws of the State of Texas and providing retail
water service under Certificate of Convenience and Necessity No.10302 and retail
wastewater service under Certificate of Convenience and Necessity No.2o626
("Lcander's C(Ws l
WHEREAS, the City of Georgetown, Texas (" eomictown'), is a home -rule city
and municipal corporation organized and operating in accordance with the laws of the
State of Texas and providing retail water service under Certificate of Convenience and
Necessity No, 12 369 and retail wastewater service under Certificate of Convenience and
Necessity No. 20 i86;
WHEREAS, the Developer owns the approximately 28.212 acres of land
described by metes and bounds and accompanying sketch on the attached E.Alffiit "A"
(the "Parkside Peninsula. Tract I'), which is currently located in the extraterritorial
jurisdiction ("ETJ") of Leander and in Leander's CCNs;
WHEREAS, the Developer desires to develop the Parkside Peninsula Tract as
part of the "Parkside on the River" project, which is located in Georgetown's ETJ and
receives retail water and wastewater service from Georgetown; and
'VHEREAS, Georgetown and Leander have coordinated to determine which
retail public utility should extend water, and wastewater service to the Parkside
Peninsula Tract and, pursuant to an "Interlocal Agreement Allocating Extraterritorial
Jurisdiction between the City of Georgetown, Texas, and the City of Leander, Texas"
dated on or about even date herewith (the ":.Gt:o 3waiurr I,nterlocnl_Arrreement"), have
agreed (i) to the decertification of the Parkside Peninsula Tract from Leander CCIVs to
allow for Georgetown to be the retail water and wastewater service provider to the
Parkside Peninsula Tract and (ii) to transfer the Parkside Peninsula Tract from
Leande.r's ETJ to Georgetown's ETJ;
tw„26367,6} Page 1 of 9
{W1 156541.1)
AGREEMENT
NONV, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals. The Recitals and the definitions contained therein, which the
Parties agree are true and correct, are incorporated herein for all purposes.
2. Decertification of the Parkside Peninsula Tract from Leander's
CCNs. The Developer agrees, at the Developer's cost, to file a petition with the Public
Utility Commission of Texas (the "PUC') pursuant to Section 13.2,541 of the Texas Water
Code for the streamlined expedited release of the Parkside Peninsula Tract from
L.eander's CCNs (the " e .er ' rc nn I'etition"). Leander agrees (a) not to oppose the
Decertification Petition; (b) not to appeal or otherwise contest, directly or indirectly, the
decision of the PUC regarding the Decertification Petition in any proceeding before
PUC, any other state agency, or otherwise; (c) not to seek any compensation in
connection therewith or any other matters contemplated by this Agreement; and (d) not
to oppose Georgetown providing retail water and wastewater utility service to the
Parkside Peninsula Tract.
g. Release and Transfer of the Parkside Peninsula Tract from
Leander's ETJ to Georgetown's ET.J. Within 3o days after the issuance by the PUC
of a final order decertifying and releasing the Parkside Peninsula Tract from Leander's
CCNs and the expiration of all applicable appeal periods, Leander will, in accordance
with applicable law and Leander's agreement with Georgetown, release the Parkside
Peninsula Tract from Leander's ETJ to Georgetown's ETJ (the date of such release being
referred to herein as the "ETJ Release: Date").
4. Termination of Leander Development Agreement, Effective upon
the ETJ Release Date, the "Development, Annexation and Utility Setwices Agreement
(Parkside Peninsula)" between Leander and the Developer dated effective as of May 20,
2021 and recorded as Document No. 2021078487 of the Official Public Records of
Williamson Comity, Texas will automatically terminate, at which time Leander's City
Manager is hereby authorized and directed to promptly execute and record evidence of
such termination in the Official Public Records of Williamson County, Texas.
a. Further Assurances. The Parties agree to take such actions and execute
and deliver such documents as play be reasonably necessary or appropriate to effect the
provisions of this Agreement.
6. Notice. Any notice or other communication given under this Agreement
must be in writing aiid may be given: (a) by depositing it in the United States snail,
certified, with return receipt requested, addressed to the Party to be notified and with all
charges prepaid; or (b) by depositing it with Federal Express or another service
guaranteeing "next day delivery", addressed to the party to be notified and with all
charges prepaid; (c) by personally delivering it to the Party, or any agent of the Party
listed in this Agreement; or (d) by electronic mail or facsimile with confirming copy sent
by one of the other described methods of notice set forth above. Notice by United States
;VVu_sr,,j6,.6} Page 2 of 9
(W1156541,1)
mail will be effective on the earlier of the date of receipt or three days after the date of
mailing. Notice given in any other manner will be effective only when received. For
purposes of notice, the addresses of the Parties will, until changed as provided below, be
as set forth on the counterpart signature pages to this Agreement below.
7. Binding Effect. This Agreement will become binding immediately upon
Leander and the Developer upon the proper approval and execution thereof by the duly
authorized representatives of Leander and the Developer, and will continue until the
Parties fulfill their respective obligations under this Agreement. This Agreement will
extend to and be binding upon and inure to the benefit of the Parties, their respective
successors, and permitted assigns.
8. Entire Agreement; Amendment. This Agreernent sets forth the entire
understanding of the Parties and supersedes all prior agreements and understandings,
whether written or oral, with respect to subject matter hereof. This Agreement may be
amended only by written agreement signed by the Parties.
9. Severability. If any provisions of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the Parties that the
reniainder of this Agreement not be affected and, in lieu of each illegal, invalid, or
unenforceable provision, that a provision be added to this Agreement which is legal,
valid and enforceable and is as similar in terms to the illegal, invalid or enforceable
provision as is possible. Any failure by a party to insist upon strict performance by the
other party of any material provision of this Agreement will not be deemed waiver
thereof or of any other provision, and such party may at any time thereafter insist upon
strict performance of any and all of the provisions of this Agreement.
10. Governing Lmv; Venue. The interpretation, performance, enforcement
and validity of this Agreement are governed by the laws of the State of Texas. Venue will
be in a court of appropriate jurisdiction in Williamson County, Texas.
If. Interpretation. All appendices and exhibits referred to within or
attached to this Agreement are incorporated into and made a part of this Agreement for
all purposes. The paragraph headings contained in this Agreement are for convenience
only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever
appropriate, words of the masculine gender may include the feminine or neuter, and the
singular may include the plural, and vice -versa. The Parties acknowledge that each of
them have been actively and equally involved in the negotiation of this Agreement.
Accordingly, the rule of construction that any ambiguities are to be resolved against the
drafting party will not be employed in interpreting this Agreement or any exhibits
hereto. Time is of the essence of this Agreement. In computing the number of days for
purposes of this Agreement, all days will be counted, including Saturdays, Sundays, and
legal holidays; however, if the final day of any time period falls on a Saturday, Sunday,
or legal holiday, then the final day will be deemed to be. the nest day that is not a
Saturday, Sunday, or legal holiday.
12. Counterparts.' This Agreement may be executed in any number of
counterparts, including, without limitation, counterparts transmitted by facsimile or
{{1'„a6;367.6} Page 3 of 9
{W1156541.1)
email, with the same effect as if the Parties had signed the same document, and all
counterparts will constitute one and the same agreement.
13. Authority. Leander certifies, represents, and warrants that the execution
of this Agreement is duly authorized and adopted in conformity with its ordinances.
The Developer hereby certifies, represents, and warrants that the execution of this
Agreement is duly authorized and adopted in conformity with the Developer's limited
partnership agreement.
r4. Recordation. This Agreement, or a memorandum of agreement in the
form agreed upon by the Parties, will be recorded in the Official Public Records of
Williamson County, Texas.
[counterpart signature pages follow]
{W1126367.6} Page 4 of 9
{ W 1156541.1 }
COUNTERPART SIGNATURE PAGE TO
AGREEMENT REGARDING CCN DECERTIFICATION AND ETJ RELEASE
FOR THE PARK>SIDE PENINSULA TRACT
LEANDER:
CITY OF LEANDER, TEXAS
toy N. Brushy Street
Leander, TX 78641
By:
CHRISTINE DELISLE, Mayor
Date:
ATTEST:
DARA CRABTREE, City Secretary
APPROVED AS TO FORM:
PAIGE SAL, NZ, City Attorney
ACKNOWLEDGEMENT
State of Texas §
County of Williamson §
This instrument was acknowledged before me on
(date) by Christine DeLisle, Mayor of the City of
Leander, Texas, a Texas home rule municipal corporation, on behalf of the City of
Leander, Texas.
Notary Public, State of Texas
{VV 1126367.61 Page y of 9
{W1156541.11
COUNTERPART SIGNATURE PAGE TO
AGREEMENT REGARDING CCN DECERTIFICATION AND ETJ RELEASE
FOR THE PARKSIDE PENINSULA TRACT
DEVELOPER:
HM CR 176-2243, LP
iorr North Lamar Blvd.
Austin, Texas 78703
By: Hanna/Magee GP #1, Inc., a Texas
corporation, its general partner
By:
Blake Magee, President
Date:
ACKNOWLEDGEMENT
State of Texas
County of TraN is
This instrument was acknowledged before me on
(crate) by Blake Magee, President of
Hanna/Magee GP #i, Inc., a Texas corporation, the general partner of HM CR 176-2243,
LP, a Texas limited partnership, on behalf of Hanna/Magee GP #1, Inc. and HM CR
176-224:3, LP.
Notary Public, State of Texas
{w1126g67.6} Page 6 of 9
{ W 1 156541.1)
EXI-IIPIT "A"
PARKSIDE PENINSULA TRACT
28.212 A€:res
THAT PART OF THL JOHN T. CHURCH SIJRVIiY, ARSTRAC'1'No.140, IN WILLIAMSON
COUNTY,TEXAS, BF-ING A PART OF THAT CALLED 49.556 ACRE TRACT UP LAND
CONVINFD TO 11iv1 CR 176.2243, LP, BY DL1:D RL•'CORDO) IN' DOCUMENT No. 2038023178 OF
TI1F OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,'fUYAS, MORL'
PAIL°rICUf.AItLI' DT'sSCRIT1fsD AS FOLLOWS:
BEGIN at it 318" ifoa rod found on the noilIt line of said 49.556 Acrc'frnct, being; udso at the soulllcv%t
corner of an S9.4 ! Acro Tract of land conveyed to Anita Martinez, e(al, by deed recorded in Document
No. 201206651,3 (Cause No. 11-00262-C3'4 ) of the Official Public Records of Williamson County, Tex€ns,
and at the soorbwest corner of a 40.80 Act e Tmet of !and conveyed to l lM CR 176-2243, IT, by decal
recorded in Document No. 2019012540 ol'the Orlicial Public Rmordl of Williamson County, Texas;
I HIiNC: L.,\6'9"2S'39"Id along the north lire of said 49.556 Acre Tract, bein8 also the south line of said
40.80 Acre Tract it distance of232.16 feet:
TI 1ENCT S21' 1919"C across snid 49,556 Acre Traci a dislance of*41T25 feet to a W-D Nail found on
the south line said 49,556.AcreTtuct, sruuu Tieing the uonh !tree of a 26,045 Acre Tract of ]and (Wiibit
I3) conveyed io Tommy 1)!az by deed ru ,rdcd in Document No. 2002058098 of the Official Public.
Records of Willientson County, Tomis,
7'H1°NCI3 S68'57'32"W along the south line nfxaid 49.556 Acrc Tritct, same being the norlb line of said
26.045 Aure Tract end along a old fi:iwc a distance of`758.02 feel w it 10" iron rod with atp labeled
RPLS 1847 iiountl M the 110011 Well comes of said 26.0,15 Acre'1:ract and the northeast corner oftt 3.55
,1cre "frost ul' land conveyed to Toby 1). S[eel c by deed rccor€fed in 170curnent No. 201.1066112 of tho
Ofiicial Public Records orWilliaimon Comm, Texas;
TI lF,,NC1s S68" 5:-'37" 6G' continuing along the south line of suid 49.556 Acre Tract, satuo being the north
line of said 3.55 Acre Tract a ud outi ferns, a distance of 393,43 fcci to a lit" iron rod with cap labeled
ItPLS 18.17 louad at dtc taatIF1vc51 enmer nisuid 3,55 AcrcTrac( and the norlbe<rst eornerofa 4,44 Acre
-17ac t of lmid conveyed to Daman Klein `]tierce I-iving Trust by deed ivcordud in Document No,
2G1 1012660 orthe of c,< ,l Pubic Rccords of Witlialmor, County, Texas;
7'Fll?N(lli S(i9"fl2'S2"W aoNirniinl, along the sondh line nl'said 49.i.5Ci Acre'I'rnct, same: being the trodh
line of snid 4.44 Acre Tract and ukarg said fviwc it dislanee of 486.09 feet ton I,'2" iron nA with asp
labeleti R PI.S 1847 frond td I lie. northw mt comer of said 4.44 Acre: Tract and at the northeast corner of a
4.45 Acre Tracl of land conveyed to Ouytmi Klein and lidyca Klein by tfccd recorded in Divotncut No.
20440646526 of the Official Public Records of ll'il karnson County, 'Texas;
TlII:NCI? S69"0Tl5"W coininuing along the south line ofsaid 49.556 Acre Tract, same being the north
Itirc nfsrtid 4.45 Acao Tract and along ssid fence, it distance of 479.74 feet to a Ill" iron rod with cep
labeled RPLS 1847 found nt the northwest corner or.said 4,45 Aere'lhict and A the northeast corner of u
8,08 Acre'film oiland conveyed to Brion K. Flaclns nod wife Lisa S, Flachs by deed recorded in
DOCLI ncni No. 200501.1065 of lac Uf kinl Public Record, of Williamson Connly, Texar;;
7°FIT NC."f: S69"03'43"W con4intling Honng, the south line of said 49.556'I'mol, sonic I>cinit the north hnc of
,,md ,',NM Acry Tr,w.t tend t110ng Sa iti Come it dislance of 798.84 feet to a I,"2" iron maid found it the
soethwc,t cornet oCssoid 49.556 ALrc Traci, hemp idea at UH:NlrthwQSt cerntcr ofsoid 8.(18 A-=Tractan(]
(,in the cast line of n 168 A Acer TTSCt of hull u>ttvoyod to CSM-Mason Family LP by deed recorded it)
Doctrrncoc Nn. 011086909 of the Official Public Rcerds of 4Villionlson County, TexuN;
Paget l nf2 2779•DESG-28,2t2AC.DOCX
JAVtla6:;67.6} Page Of 9
{ W 1156541.1 }
28.212 Acres
`ITTENCT. N21 '01'S2'W filong the west line of said 49,556 Acre Tract same being the cast line of said
168.4 Acre Traci and along an old fence a distance of 423,35 feci to a UT' imn and act at the northwest
comer of said 49,556 Acre Tract, being also at the southwest cornea of said 89.41 Acre Trnct;
TTIENCE N69'06'39"E along the north line of said 49,556 Acre Tract, the south line orsaid 89,41 Acre
Tract and along an old fence, a distance ot'2691,86 feet to (lie Point of BeginniuU.
Containing 28.212 acres, more or less, as shown on theakelcit attacbod.
All iron roils set We RJ Surveying caps. All rod found are 1 /2" unless othemise noted
Bearings ary based on the Texas State Plane Coordinate system of 1983, Central Zone (4203)
Urillhw) L ),llpr-
11N
u Op r0
l,
Registerod Land Surveyor No, 5425
State ofTexas
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RJ Sui-voying & Amocintcs, Inc.
Jlz7. Street
............
'4 542S
2900
Texas 79664
..........
Round Rock,
F-10015400
Page 2 01`2 2779-MC-28.217AC- DOCX
{WU26367.61 Page 8 of 9
(W 1156541. 11
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JWJ126367.6� Page 9 of 9
{ W 1 156541.1 }
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN"), APPROVING AN
INTERLOCAL AGREEMENT ("ILA") WITHTHE CITY OF LEANDER,
TEXAS ("LEAND'ER"), RELEASING APPROXIMATELY 28.251 ACRES
FROM LEANDER'S EXTRATERRITORIAL JURISDICTION ("ETJ")
TO GEORGETOWN'S ETJ, SAID LAND BEING IN THE AREA
SOUTH OF RM 2243/LEANDER ROAD NEAR ITS INTERSECTION
WITH PARKSIDE PARKWAY, WILLIAMSON COUNTY, TEXAS,
RESULTING IN A REDUCTION OF LEANDER'S ETJ AND AN
EXPANSION OF GEORGETOWN'S ETJ, AND RELATED MATTERS;
ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes a local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, Section 42.022(b) of the Texas Local Government Code states that "The
extraterritorial jurisdiction of a municipality may expand beyond the distance
limitations imposed by [Texas Local Government Code] Section 42.021 to include an
area contiguous to the otherwise existing extraterritorial jurisdiction of the municipality
if the m-vners of the area request the expansion"; and
WHEREAS, by letter dated .attached as Attachment 1, HM CR 176-2243
LP ("Owner"), as owner of approximately 28.251 acres of land generally located south
of RM 2243/1-eander Road near its intersection with Parkside Parkway (the "ETJ
Transfer Area"), requested that said land be transferred from the City of Leander's FTJ
to the City of Georgetown's ETJ to facilitate the provision of water and wastewater
service by the City of Georgetown to the ETJ Transfer Area, and development of the ETJ
Transfer Area consistent with the. OFvner's Parkside on the River Subdivision project
pursuant to the agreements between Owner and the City of Georgetown; and
WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, a city's
ETJ can be reduced if the city's governing body gives its consent by ordinance or
reSOlutlOn; and
Resolution No.
Approving IMCHOCnI a&rcanan Regarding Parkside on the Peninsula ILTJ Transfer Page I
IW11 323853
(Wl156541,1)
WHEREAS, the ETJ Transfer Area is contiguous to the City of Georgetown ETJ; and
WHEREAS, the City of Leander and the City of Georgetown desire to memorialize
their agreement regarding the ETJ Transfer Area as set forth in the "Interlocal
Agreement Allocating Extraterritorial Jurisdiction Between the City of Leander, Texas,
and the City of Georgetown, Texas" ("ILA"), attached as Attachment 2 and
incorporated herein for all purposes; and
WHEREAS, the City Council of the City of Georgetown, Texas, hereby finds that the
agreements made in the ILA will promote a more efficient use of government resources
and better management of growth in the area subject to the ILA and is in the public
interest of the City of Georgetown and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1: The City Council of the City of Georgetown, Texas ("City Council"), does
hereby find that the forgoing recitals are true and correct and adopts the recitals by this
reference for all purposes.
SECTION 2: The City Council hereby approves the ILA attached hereto as
Attachment 2. The City of Georgetown's Mayor is authorized to execute the ILA and
the City of Georgetown's Cite Manager is authorized to take all other necessary actions
allowed by law to implement ur otherwise perform the ILA.
SECTION 3. The City Council does hereby approve adjusting the boundaries and
limits of the ETJ of the City of Georgetovn pursuant to and in accordance with the
attached ILA, such that the City of Georgetown's ETJ shall be and is thereby adjusted to
expand, include, and encompass the ETJ Transfer Area described in ExhiNt it to the ILA
attached as Attachment 2.
SECTION 1 This Resolution shall take effect immediately upon its passage.
List of Attachments:
Attachment 1: Owner Letter
Attachment 2: ILA
Rcsolution No-
ApprovingNo-
Approvhig Intcrlocnl Agreement Regarding Parkside on the Pcninsota FTJ Transfer Page 2
W1 [4-2385.3;
{ W 1156541.1 }
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on
the dayof _ _ _ , 2022.
CITY OF GEORGETOWN, TEXAS
By:
ATTEST:
I3y:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
1v:
Skye Masson, City Attorney
Josh. Schroeder, Mayor
Resolulion No.
Approving Inleriocal Agrecmew Regarding Parkside on the Peninsula Ef'J Transfer Page 3
I1Vt142385.31
(W1156541.1)
Attachment 1 to Georgetown Resolution Approving the ILA
Owner Letter Requesting Transfer
(see following pages)
j W 114-2385.31
(WI 156541.l)
Attachment 2 to Georgetown Resolution Approving the ILA
ILA
(see following pages)
{W l 142385.3 }
{ W 1156541.1)
1NTERLOCAL AGREEMENT
ALLOCATING EXTRATERRITORIAL JURISDICTION BETWEEN
THE CITY OF GEORGETOWN, TEXAS, AND THE CITY OF LEANDER, TEXAS
This Interlocal Agruum rit ("Agreement") is by and between the Cite of Georgetown,
Texas("Georgetow n") and the City of Leander, Texas ("Leander") (each,) "Party" and
Collectively the "Parties") for the release, acceptance, and allocation of extraterritorial
jurisdiction ("ETJ") between Georgetown acid Leander, effective as'provided herein.
ARTICLE 1. RECITALS
1.1 WHEREAS, Section 42.027(b) of the "Texas Local Government Cade states that
"The extraterritorial jurisdiction of a niunicipality may expand beyond the distance
limitations imposed by ('Texas Local Government Code) Section 42.021 to include an
area contiguous to the otherwise existing extraterritorial jurisdiction of the municipality
if the mvners of the, area request the expansion.,,
1.2 WHEREAS, HM CR 176-2243 LP ("Owner") as owner of the land described in
the attached Exhibit A (the "ETJ Transfer Area") has requested that the ETJ Transfer
Area be decertified from the City of Leander's water and wastewater certificates of
convenience and necessity and transferred from the Citv of Leander s ETJ to the City of
Georgetown's ETJ in order to facilitate the provision of water and wastewater service by
the City of Georgetown to the ETJ Transfer Area and development of the ETJ Transfer
Area consistent with the Owner's Parkside on the River Subdivision project pursuant to
the agreements between Owner and the City of Georgetown.
1.3 WHEREAS, Section 42.023, Texas Local Government Code authorizes
municipalities to reduce ETJ by ordinance or resolutiOn.
1.4 WHEREAS, die lnterlocal Cooperation Act authorizes any local government to
contract with one or more local governments to perform governmental functions and
services under the terms of the Act.
1.5 WHEREAS, as more specifically described in this Agreement Lind effective upon
Leander's adoption of a resohltion Substantially in the form attached as Exhibit 13,
Leander will release the ETJ Transfer Area from its ETJ, and effective on the date that
GeorgetoWim adopts a resohrfion substantially in the .form attached as Exhibit C,
Georgetown will extend and assume extraterritorial jurisdiction over the E"TJ Transfer
Area.
LeOnder-Ge(irgetown lnterlucA Agreement Regarding Park -side on the Feninsuhi ETJ Trunsfer
W 1142385.3
{ W 1156541.1)
NOW, THEREFORE, this Agreement is made and entered into by the City of Leander,
Texas and the City of Georgetown, Texas, upon and for the mutual consideration
hereinafter stated,which entities hereby agree and understand as follows:
ARTICLE 11. REPRESENTATIONS/CONSIDERATIONS
2.1 Re ,re'seiiLations.
The Parties believe that the 1Zecitals set forth above are true and correct in all material
respects and are hereby incorporated into the body of this Agreement as though full);
set forth in lheirentirety herein.
Each of the l'arties acknowledges and agrees that if has the requisite power and
authority to enter Into this Agreement; that this Agreement has been duly authorized
and approved by its respective governing body; and that the person executing the
Agreement on it.,: behalf has been duIFF authorized to del so.
2,2 Consideration. The Parties acknowledge and agree that the obligations, rights
and benefits provided herein are inUtual and supported by adequate consideration.
ARTICLE III. PROPERTY SUBJECT TO ALLOCATION
3.1 lieleast of Hie F. C] Transfer Area 1,y Leander. The ETJ Transfer Area is located in
the City of Leander's water and wastewater certificates of convenience and necessity
("Leander's CCNs"). Owner has, by separate agreement with Leander dated on or
about the I3ffec[ive Data of this Agreement (defined in Section 4.07 bel)-w), agreed to file
a petition with the Public Utility Commission of Texas (the "PUC") for the streamlined
expedited release of [he E1J Transfer Area from Leander',, CCNs. Within 30 days after
the issuance by the PUC of a final order decertifying and releasing the ETJ Transfer
Area from Leander's CCNs and the expiration of all applicable appeal periods, Leander
will consider a resolution or ordinance substantially in the form attached as Exhibit B
(Ihe "Leander ETJ Transfer Resolution"), and, effective upon passage of the Leander
LTf Transfer 1ZeSolution by the City Council of the City of Leander, the ETJ Transfer
Area shall be released by Leander from Leander',, LTJ.
3.2 Allocation of IIiy, L71 Trimsfor Area toGeoruts}w . Within 30 days after passage
of the Leander ETJ Release 1Zesolution by the City Council of the City of Leander,
Georgetown will consider a resolution or ordinance in substantially the Form attached
as Exhibil C (the "Georgetown ETJ Transfer Resolution"), and, effective upon approval
of the Georg L,,town E.TJ Transfer Resolution by the City Council of the Cite of
Leander -Georgetown Intcrtocul Agreemenl Regarding f'.irkside on the Peninsula LTJ Transfer
WI 142W,3
{ W t] 56541.1)
Georgetown, the LTJ Transfer Area shall be included in Georgetottirn's ETJ.
3.3 i"dulual Release. of Claims hv_��h_rr�ic ii�,�liiis_s. By executing tams Agreement, each
Of the Parties releases any and all claims each may have against the other relative to
extraterritorial jurisdictional status of the LTJ Transfer Area.
3.4 Anac•ndnn=nt of Officigl City Wps. Leander and Georgetown shall aunend their
respective city maps showing the boundaries of each municipality and its ETJ to reflect
the release_ and acceptance of the pTJ Transfer Area provided for herein in accordance
v,,ith Section 41.001, Texas Local Government Code.
ARTICLE IV. MISCELLANEOUS
4.1 Modification. No change, amendment, or modification of this Agreement shalt
be made of- bar crffe chve except by mc:rans of written agreement executed by the Parties
hereto.
4.2 hxpir7ti{rlt_and i'errYt lzation. This Agreement will expire five (5) years after its
Effective Date. This Agreement shall automatically terminate and be of no effect if
Leander fails to adopt a resolution of- ordinance providing for release: of the ETJ Transfer
Area from Leander's ►LTJ as required by Section 3.1, or Georgetown fails to adopt a
resolution or ordinance accepting the LA] Transfer Area into Georgetown's ETJ as
required by Suction 3.2. In flue event of expiration or termination of this Agreement, the
Parties' obligations provided herein shall become null and void.
4.3 Stale err Federal Laws, RUICS, Orders, or Regulations. This Agreement is subject
to all applicable federal and State laws, as they exist, may be amended or in the future
arising, and any applicable permits, ordinances, rules, orders, and regulations of any
local, State, or federal governmental authority having or asserting; jurisdiction, but
nothing contained herein shall be construed as a waiver of any right to question or
contest any such linV, ordinance, order, rule, or regulation in any forurn having
jurisdiction.
4.4 SeavirtiwSeverabilit The Parties hereto specifically agree that in case any one or
more of the sections, snbsections, provisions, clauses, or words of this Agreement of, the
supplication of such sections, Subsections, provisions, clauses, or words to any Situation
or circumstance shall be, or should be held to be, for any reason, invalid or
unconstitutional, under the laws or constitutions of (lie State of Texas or [lie United
States of America, or in contravention of MW such laws or constilutions,•such invalidity,
unconstitutionality, or contravention shall not affect any other sections, subsections,
provisions, clauses, or words of this Agreement or the application of such sections,
Leander -Georgetown Inlerlucal Agreement Regarding Parkside on the Peninsula ETJ Transfer
INVI1d-385.3'r
{W1156541.11
subsections, provisions, cruses, orwords to any other situation or circumstances, and it
is intended that this Agreement shallhe severable and Shall be construed and applied as
if any such invalid or elnconsti[utionalsection, subsection, provision, clause, or word had
not been included herein, and the rightsand obligations of the Parties hereto shall be
construed and remain in force accordingly.
4.5 SoVC]'Vign 1_gim1.111J�!. By entering into and executing; this Agreement, (lie Parties
agree the Parties do not waive, limit, or surrender their respective sovereign immunity,
except as specifically provided for herein.
4.6 1Miscel1a11C0u5 Drafting Provisions. This Agreement shall be deemed drafted
equally by the Parties hereto. The language of all parts of this Agreement ,shall be
construed as a whole according to its fair meaning, and the presumption or principle
that the language herein is to be construed against either Party shall not apple.
I leadings in this Agreementare for the convenience of the Parties and are not intended
to be used in construing this Agreement.
4.7 Effective Date. This Agreement shall become effective on the latest date
accompanying [lie signature lines of the Parties' duty authorized rcpnrsentatiVes appearing;
below ([he "Effective Date").
4.8 Recordation. This; Agreement, all amendments and joinders thereto, and
assigmnen[s thereof, shall be recorded in the deed records of Williamson County, Texas.
M-IIBIT LIS"T
Exhibit, A — ETJ Transfer Area Description
Exhibit B — Leander Resolution
Exhibit C — Georgetown Resolution
IN WITNESS WhiEREOF, the Parties hereto have caused this Agreement to be duly
executed in several counterparLs, each of which shall constitute an original.
[Srgmalores Mid follow ollow oil seprrrltps.]e
Leander-Georplown Intertocal Agreement Regarding farkside on the Peninsula ETJ Transfer
tW 1142385.3 1
f W 1 15654 1. 1 }
CITY OF )RGETOWN, TEXAS
By:
ATTEST:
Bv:
RobvV Densmore, City Secretary
APPROVED AS TO FORM:
By:
Skye Mas, on, City Attorney
ACKNOWLEDGEMENT
State of Texas
r(wder, Mayor
County of Williamson
This instrument was acknowledged before me on �� �� }
by lash Schroeder, Mayor of the City of Geol l mvi), Texas, a Texas home -rule
municipal corporation, on behalf of the City of Georgetown, Texas.
otzry Public, S to of Texas
41,Ni: LINDA RUTH WHITE
#= My Notary ID # 124936123
Expires May 24, 2024
Lein der-Georgelown hiterlocal Agreement Regarding Parkside on the Peninsula LTJ Transfer
; W 1142385,31
{W 1156541.1 }
CITY OF LEANDER, TEXAS
13y:
Christine DeLisle,Mayor
ATTEST:
By:
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
13y:.
Paige Saenz, City Attorney
ACKNOWLEDGEMENT
State of Texas §
County of Williamson
This instrument was acknowledged before me on (date)
by Christine DeLisle, Mayor of the City of Leander, Texas, a Texas home -rule municipal
corporation, on behalf of the City of Leander, Texas.
Notary Public, State of Texas
Leander -Georgetown lnterlocal Agreement Regarding Parkside on the Peninsula EI Transfer
l W l 142335.31
{W 1156541,1 }
EXHIBIT A TO ILA
ILA TRANSFER AREA DESCRIPTION
(see fallowing pages)
Leander -Georgetown Interlucal Agreement Regarding Parksidc on dic Peninsula E U Transfer
I W 11423 55.31
(W] 156541.1)
28,212 Acres
THAT PARTOF THE JOHN T. CHURCH ST. RVFY, ABSTRACT No. I40, IN WII,ddAMSON
COUNTY, TEXAS, SUING A PART Oil THAT CALLED 49.556 ACRF TRACT OF LAND
CONVEYh1) TO I IM CR 176.2243, LP, 13Y DEED KECORDED IN DOCUME NT No, 2018023178 OF
'I'llE OMC MCI AL PUBLIC RECORDS Oh WILLIAM5ON COUNTY, TEXAS, MORE
PAR'T1CMARLY DESCRT PM AS VOLLOWS:
BPCiIN at a 3f8" iron rod found on fhc north line of said 49,556 Acre Tract, being also at the southcast
corner of an 89.41 Aere'fract of land conveyed to Anita Martinez, et al, by deed recorded in Document
No. 2012066513 (Cause Na. I 1-00262-CP4) of the Official Public Records of Williamson County, Texas,
and at the southwest corner of a 40.80 Acre Tract of land conveyed to IIM CR 176-2243, LP, by deed
retxrrded in Document No. 2018012540 oftheOffcial Public Records ol'WilliarnsonCowtty, Tcxas;
THENCE N69°28'39" E along the north line of said 49,556 Acre Tract, being also like south litre of said
40.80 Acre Tract a distance of 232.16 feet;
T) IE\CU S21 °19'19" E across said 49556 Acre Traci a distance of417.25 feel to it 60-1) Nail found on
the souUt line said 49.556 Acre Tracl, same being the north line of a 26.045 Acre Traci ofland (Exhibit
B) conveyed to Torun y Diaz by deed recorded in Docurent No. 2002058098 of the Official Public
Records of Williamson County, Texas,
TIfENCE S68°57'32"W along t1w south line of said 49.556 Acre Tract, same being the north line of said
26,045 Aire Tn:ict and along a old fence a distance of 758.02 feet to a 112" iron rod with cup labeled
RPLS 1847 found at the northwest comer of said 26.045 Acre Tract and the northeast corner of a 3.55
Acre'TraeL of land conveyed to '1'aby D. Steele by deed recorded in Document No. 2013066332 of the
Offlicial Public Records of Williamson County, Texas;
THENCE S68°58'37W continuing along the south line of said 49.556 Acre Trael, same being the north
line of said 3.55 Acre, Tract anti said fence, a distance of 393.43 foet to a 1/2" iron rod with cap labeled
RPLS 1341 found at the northwest corner ofsaid 3.55 Acre Trnct and the nOrthetrst corner of a 4.44 Acre
Trael of land conveyed to Dayton Klein Trustee Living Trust by deed recorded in Doctuncnl No.
2011012660 of the Official Pubic Records of Williamson County, Texas;
'I'll1?NCL S69"021STV continuinn along the soudi line of said 49.556 Acre Tract, same being the north
fine of said 4,44 Acre Tract and along; said fcncea distance of 496,09 feet to alit' iron rod with cap
labeled RPLS 1847 found at the noriliwest comer of said 4,44 Acre Tract and at the northeast corner of o
4.45 Aore Tract of [and conveyed to Daylon Klein and IdyceK]cin by deed recorded in [3ocumcnt No.
21104096526 of lhc.Oflicinl Public Records of Williamson County, Texas;
TI IF''NCh S69"0YI5"W conrinuing along the south line. ofsaid 49.556 Acre Tract, sHmebeing Ihenorth
line. of-sairl 4AS Acre Tracl and along said 11CLICe, a distance ol'479,74 feet to a 1/2" iron rod with cap
labeled RPLS 1847 found at the uorlhwest corner of said 4.45 Acre T act and at the northeast comer of i
8.08 Acre'Tract of land conveyed to Brian K. Plachs and wife Lisa S. Flachs by deedTecorded in
Document No. 2005033065 of tkre Official Public Records of Williamson County, Texas;
TI I FNCI S69"03'43"W anilhnring along the sotnh line of said 49.556 Tract, same being the north lire of
said 8.808 Acre Traol .and along said fence a dislaocc of 798.84 feet to a 1l2" iron rod found at Use
southwest cancer of said 119,556 Acro Tract, being rilso at the northwest comer of said 8.08 Acre Tract and
on the cast line of a 168A Acre Tract of land conveyed to CSM-Mason Family LP by deed recorded in
Document No, 201 1086909 of the Official Public Records of Willianson County, 'Texas;
Page I oft 2779-DESC-28,212AC,DOCX
Leander-Georgeurwn Interloral Agreement Regarding Parkside on the Peninsula ET1 Transfer
i WI 1423`;5_3
f W 1 156541.1)
28.212 AcTe•s
THENCE N21 °01'52" W along the west line of said 49.556 Acre Tract same being the east line of said
168.4 Acre Tract and along an old fence a distance of 423,35 feet to a 1/2" iron rod set at the northwest
corner of said 49.556 Acre Tract, being also at the southwest comer of said 89.41 Acrc Tract;
TFQ3NCE 1469'06'39"E along the north line of said 49,556 Acre Tract, the south line ofsaid 89.41 Acre
Tract and nlong an old fence, a distance of2681,86 feet to the Point of Beginning,
Containing 28,212 acres, more or less, as shown on the sketch attached.
All iron rods set have RJ Surveying caps, All rod found are 1/2" unless otherwise noted
Bmirings are basal on the Texas State Plane Coordinate system of 1983, Central 7.crne (4203)
lw — :171r4vnd+y Zvu
lea pF t�
William L. Jolt n
Registered l' t'assional band Sure cyor No. 3425
State ofTcxas
WlI .. ,.
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RI Surveying & Associates, Inc,
,t07iNSQN
5425 �wr
:
2900 Jazz Street�rs�d
Round Rock, Texas 78664Surat�`�
P-10015400
Page; 2 of 2 2779-DESC-28.212AC.DOCX
Leander -Georgetown Inteflocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
I W 1142385.31
(WI 156541. 1}
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Leander-Georgelown In(erlocal Agreement Regarding Parkside on the Peninsula CTJ Transrer
; AVl 143385.3 }
{ W 1156541.1 }
EXHIBIT B to ILA
Leander ETJ Transfer Resolution
(see following}pages)
Leander -Georgetown Imcrlocnl Agreement Regarding Park -side on the Peninsula ETJ Transfer
IW11423S5.31
{W 1156541.1 }
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LEANDER, TEXAS RELEASING APPROXIMATELY 28.251 ACRES OF
LAND FROM THE CITY OF LEANDER'S EXTRATERRITORIAL
JURISDICTION INTO THE CITY OF GEORGETOWN, TEXAS
EXTRATERRITORIAL JURISDICTION, SAID LAND BEING
GENERALLY LOCATED SOUTH OF RM 2243/LEANDER ROAD
NEAR ITS INTERSECTION WITH PARKSIDE PARKWAY,.
WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF
LEANDER'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to that certain Interlocal Agreement Allocating Extraterritorial
Jurisdiction Between the City of Leander, Texas, and the City of Georgetown, Texas
("ILA") dated effective the City of Leander agreed to release [he
land described on E.rhil it A to this Resolution (the "ETJ Transfer Area") from Leander's
ETJ and consented to its inclusion in Georgetown's ETJ; and
WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, a city's
extzalerritorial jurisdiction can be reduced if the city's governing body gives its consent
by ordinance or resolution; and
WHEREAS, pnrsuanl to the ILA, the City of Leander desires to approve the release of
the ETJ Transfer Area from Leander s ETJ and inclusion of the ETJ Transfer Area into
Georgetown's ETJ.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LEANDER, TEXAS:
SECTION 1. The City Council of the City of Leander, Texas ("City Council") does
hereby adjust the boundaries and limits of the extraterritorial jurisdiction ("ETJ") of the
City of Leander such that the City of Leander'sETJ shall be and is hereby adjusted to
release and remove the ETJ Transfer Area depicted in Exhibit A attached to this
Resolution from the City of Leander's ETJ,
SECTION 2. The City Council of the City of Leander hereby expresses its consent to
inclusion of the ETJ Transfer Area into the City of Georgetown's extraterritorial
jurisdiction.
Rcsoluiion No.
Regarding llarksidc on [he Peninsula '-1-J Transf -r From Lcamler to Georgetown Page I
;WI142384;A1
{W1156541.1 }
5ECTiON 3. This Resolution shall take effect immediately upon its passage.
List of Exhibits:
Exhibit A — ETJ Transfer Area Description
PASSED AND APPROVED by the City Council of the City of Leander, Texas, on the
dayof _ 12022.
ATTEST:
By:
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
M.
Paige Saenz, City Attorney
State of Texas §
County of Williamson §
CITY OF LEANDER, TEXAS
By:
Christine DeLisle,Mayor
ACKNOWLEDGEMENT
This instrument was acknowledged before me on (date)
by Christine DeLisle, Mayor of the City of Leander, Texas, a Texas home -rule .municipal
corporation, on behalf of the City of Leander, Texas.
Notary Public, State of Texas
Resotuuon No.
Regarding Parkside on the Peninsula F:TJ Transfer From Leander to Georgetown Page 2
{Wt 142385.31
{ WI 156541.1 }
EXHIBIT C to ILA
Georgetown ETJ Transfer Resolution
(sec: following Pages)
jW1142385 31
{ W 1156541. l )
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ADDING APPROXIMATELY 28.251 ACRES
OF LAND INTO THE CITY OF GEORGETOWN'S
EXTRATERRITORIAL JURISDICTION, SAID LAND BEING
GENERALLY LOCATED IN THE AREA SOUTH OF RM
2243/LEANDER ROAD NEAR ITS INTERSECTION WITH PARKSIDE
PARKWAY, WILLIAMSON COUNTY, TEXAS, RESULTING IN AN
EXPANSION OF GEORGETOWN'S ETJ; AND PROVIDING AN
EFFECTIVE DATE.
WIIEREAS, Section 42.022(b) of the Texas Local Government Code states that "Tile
extraterritorial jurisdiction of a municipality may expand beyond the distance
limitations imposed -by [Texas Local Government Code) Section 42.021 to include an
area contiguous to the otherwise existing extraterritorial jurisdiction of the municipality
if the owners of the area request the expansion"; and
WHEREAS, 1-iM CR 176-2243 LP ("Owner") owns the land described in Exlribil A
attached to this Resolution (the "ETJ Transfer Area") and has requested that said land
be transferred from the City of Leander's ETJ to the City of Georgetown's ETJ to
facilitate the provision of water and wastewater service by the City of Georgetown to
the ETJ Transfer Area and development of the ETJ Transfer Area consistent with the
Owner's Parkside on the River Subdivision project pursuant to the agreements between
Owner and the City of Georgetown; and
WHEREAS, the LT1 Transfer Area is contiguous to the City of Georgetown ETJ; and
WHEREAS, pursuant to that certain Interlocal Agreement Allocating Extraterritorial
Jurisdiction Between the City of Leander, Texas, and the City of Georgetown, Texas
("ILA") dated effective the City of Leander has passed and
approved a resolution or ordinance releasing the ETJ Transfer Area from Leander's ETJ
and consented to its inclusion in Georgetown's ETJ.
WHEREAS, pursuant to the ILA, the City of Georgetown desires to approve the
Owner's request to transfer the ETJ Transfer Area into Georgetown's ET
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RCSOILItion No.
Regarding Parkside on the Peninsula ET.t Transfer From Leander to Georgetown Page 1
IW1 1423X5 3 }
(W1156541. 1 )
GEORGETOWN, TEXAS:
SECTION 1. The City Council of the City of Georgetown, Texas ("City Council")does
hereby approve Owner's request to adjust the boundaries and limits of the ETJ of the
City of Georgetown such that the City of Georgetown's ETJ shall be and is hereby
adjusted to expand, include and encompass the ETJ Transfer Area depicted in ExhiNt A
attached to this Resolution.
5ECTION 2. This Resolution shall take effect immediately upon its passage.
EXHIBIT LIST
Exhibit A — ETJ Transfer Area
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on
the dayof r 2022.
ATTEST:
By-.
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
By:
Skye Masson, City Attorney
State of Texas
County of Williamson §
CITY OF GEORGETOWN, TEXAS
By:
Josh Schroeder, Mayor
ACKNOWLEDGEMENT
Resolution No.
Regarding Parkside on the I'eninsulu F:T.I Transfer From Leander to Georgetowaa Puge 2
IVVI1423Y5.31
{W1156541.1}
This instrument vvas acknowledged before me on (date)
by Josh Schroeder, Mayor of the City of Georgetown, Texas, a Texas home -rule
municipal corporation, on behalf of Lhe City of Georgetown, Texas.
Notary Public, State of Texas
Resolution No.
Regarding Parkside on the Peninsula ET.I Transfer From Leander to Georgetown Page 3
W1141-385.3;
f W 1 156541.1)
Attachment 2 to Georgetown Resolution Approving the ILA
ILA
(see following pages)
(W 1142385.3 )
INTERLOCAL AGREEMENT
ALLOCATING EXTRATERRITORIAL JURISDICTION BETWEEN
THE CITY OF GEORGETOWN, TEXAS, AND THE CITY OF LEANDER, TEXAS
This Interlocal Agreement ("Agreement") is by and between the City of Georgetown,
Texas ("Georgetown") and the City of Leander, Texas ("Leander") (each a "Party" and
collectively the "Parties") for the release, acceptance, and allocation of extraterritorial
jurisdiction ("ETJ") between Georgetown and Leander, effective as provided herein.
ARTICLE I. RECITALS
1.1 WHEREAS, Section 42.022(b) of the Texas Local Government Code states that
"The extraterritorial jurisdiction of a municipality may expand beyond the distance
limitations imposed by [Texas Local Government Code] Section 42.021 to include an area
contiguous to the otherwise existing extraterritorial jurisdiction of the municipality if the
owners of the area request the expansion."
1.2 WHEREAS, HM CR 176-2243 LP ("Owner") as owner of the land described in the
attached Exhibit A (the "ETJ Transfer Area") has requested that the ETJ Transfer Area be
decertified from the City of Leander's water and wastewater certificates of convenience
and necessity and transferred from the City of Leander's ETJ to the City of Georgetown's
ETJ in order to facilitate the provision of water and wastewater service by the City of
Georgetown to the ETJ Transfer Area and development of the ETJ Transfer Area
consistent with the Owner's Parkside on the River Subdivision project pursuant to the
agreements between Owner and the City of Georgetown.
1.3 WHEREAS, Section 42.023, Texas Local Government Code authorizes
municipalities to reduce ETJ by ordinance or resolution.
1.4 WHEREAS, the Interlocal Cooperation Act authorizes any local government to
contractwith one or more local governments to perform governmental functions and
services under the terms of the Act.
1.5 WHEREAS, as more specifically described in this Agreement and effective upon
Leander's adoption of a resolution substantially in the form attached as Exhibit B, Leander
will release the ETJ Transfer Area from its ETJ, and effective on the date that Georgetown
adopts a resolution substantially in the form attached as Exhibit C, Georgetown will
extend and assume extraterritorial jurisdictionover the ETJ Transfer Area.
NOW, THEREFORE, this Agreement is made and entered into by the City of Leander,
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
JW 11423 85.3}
Texas and the City of Georgetown, Texas, upon and for the mutual consideration
hereinafter stated,which entities hereby agree and understand as follows:
ARTICLE II. REPRESENTATIONS/CONSIDERATIONS
2.1 Representations.
The Parties believe that the Recitals set forth above are true and correct in all material
respects and are hereby incorporated into the body of this Agreement as though fully set
forth in their entirety herein.
Each of the Parties acknowledges and agrees that it has the requisite power and authority
to enter into this Agreement; that this Agreement has been duly authorized and approved
by its respective governing body; and that the person executing the Agreement on its
behalf has been duly authorized to do so.
2.2 Consideration, The Parties acknowledge and agree that the obligations, rights, and
benefits provided herein are mutual and supported by adequate consideration.
ARTICLE III. PROPERTY SUBJECT TO ALLOCATION
3.1 Release of the ETJ Transfer Area by Leander. The ETJ Transfer Area is located in
the City of Leander"s water and wastewater certificates of convenience and necessity
("Leander's CCNs"). Owner has, by separate agreement with Leander dated on or about
the Effective Date of this Agreement (defined in Section 4.07 below), agreed to file a
petition with the Public Utility Commission of Texas (the "PUC") for the streamlined
expedited release of the ETJ Transfer Area from Leander's CCNs. Within 30 days after
the issuance by the PUC of a final order decertifying and releasing the ETJ Transfer Area
from Leander's CCNs and the expiration of all applicable appeal periods, Leander will
consider a resolution or ordinance substantially in the form attached as Exhibit B (the
"Leander ETJ Transfer Resolution"), and, effective upon passage of the Leander ETJ
Transfer Resolution by the City Council of the City of Leander, the ETJ Transfer Area
shall be released by Leander from Leander's ETJ.
3.2 Allocation of the ET1 Transfer Area to Georgetown. Within 30 days after passage
of the Leander ETJ Release Resolution by the City Council of the City of Leander,
Georgetown will consider a resolution or ordinance in substantially the form attached as
Exhibit C (the "Georgetown ETJ Transfer Resolution"), and, effective upon approval of
the Georgetown ETJ Transfer Resolution by the City Council of the City of Georgetown,
the ETJ Transfer Area shall be included in Georgetown's ETJ.
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W 1142385.3 }
3.3 Mutual Release of Claims by Municipalities. By executing this Agreement, each
of the Parties releases any and all claims each may have against the other relative to
extraterritorial jurisdictional status of the ETJ Transfer Area.
3.4 Amendment of Official City Maps. Leander and Georgetown shall amend their
respective city maps showing the boundaries of each municipality and its ETJ to reflect
the release and acceptance of the ETJ Transfer Area provided for herein in accordance
with Section 41.001, Texas Local Government Code.
ARTICLE IV. MISCELLANEOUS
4.1 Modification. No change, amendment, or modification of this Agreement shall be
made or be effective except by means of written agreement executed by the Parties hereto.
4.2 Expiration and Termination. This Agreement will expire five (5) years after its
Effective Date. This Agreement shall automatically terminate and be of no effect if
Leander fails to adopt a resolution or ordinance providing for release of the ETJ Transfer
Area from Leander's ETJ as required by Section 3.1, or Georgetown fails to adopt a
resolution or ordinance accepting the ETJ Transfer Area into Georgetown's ETJ as
required by Section 3.2. In the event of expiration or termination of this Agreement, the
Parties' obligations provided herein shall become null and void.
4.3 State or Federal Laws, Rules, Orders, or Regulations. This Agreement is subject to
all applicable Federal and State laws, as they exist, may be amended or in the future
arising, and any applicable permits, ordinances, rules, orders, and regulations of any
local, State, or federal governmental authority having or asserting jurisdiction, but
nothing containedherein shall be construed as a waiver of any right to question or contest
any such law, ordinance, order, rule, or regulation in any forum having jurisdiction.
4.4 Saving_sLSeyerability. The Parties hereto specifically agree that in case any one or
more of the sections, subsections, provisions, clauses, or words of this Agreement or the
application of such sections, subsections, provisions, clauses, or words to any situation
or circumstance shall be, or should be held to be, for any reason, invalid or
unconstitutional, under the laws or constitutions of the State of Texas or the United States
of America, or in contravention of any such laws or constitutions, such invalidity,
unconstitutionality, or contravention shall not affect any other sections, subsections,
provisions, clauses, or words of this Agreement or the application of such sections,
subsections, provisions, clauses, orwords to any other situation or circumstances, and it
is intended that this Agreement shallbe severable and shall be construed and applied as
if any such invalid or unconstitutionalsection, subsection, provision, clause, or word had
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 11423 85.3)
not been included herein, and the rightsand obligations of the Parties hereto shall be
construed and remain in force accordingly.
4.5 Sovereign Immunity. By entering into and executing this Agreement, the Parties
agree the Parties do not waive, limit, or surrender their respective sovereign immunity,
except as specifically provided for herein.
4.6 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by the Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and the presumption or principle that
the language herein is to be construed against either Party shall not apply. Headings in
this Agreementare for the convenience of the Parties and are not intended to be used in
construing this Agreement.
4.7 Effective Date. This Agreement shall become effective on the latest date
accompanying the signature lines of the Parties' duly authorized representatives appearing
below (the "Effective Date").
4.8 Recordation. This Agreement, all amendments and joinders thereto, and
assignments thereof, shall be recorded in the deed records of Williamson County, Texas.
EXHIBIT LIST
Exhibit A — ETJ Transfer Area Description
Exhibit B — Leander Resolution
Exhibit C — Georgetown Resolution
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed in several counterparts, each of which shall constitute an original.
[Signatures and acknowledgements follow on separate pages.]
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W 11423 85.3)
ATTEST:
By: :1, Z_"
Robyn bensmore, City Secretary
APPROVED AS TO FORM:
By:
Sky6 Mas on, City Attorney
State of Texas
Z
CITY OF GEORGETOWN, TEXAS
By: _
J , Mayor I a -1 ovv�,
ACKNOWLEDGEMENT
County of Williamson
This instrument was acknowledged before me on L �� �z (date)
by Josh 8ekretcte_ Mayor of the City of Georgetown, Te as, a Texas home -rule municipal
corporation, �n behalf of the City of Georgetown, Texas.
KAREN FROST
Notary ID # 1053608-4
"q �? M
y Commission Expires
flF�E May 24, 2024
Notary Public, State of Texas
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W 1142385.31
CITY OF LEANDER, TEXAS
By:
Christine DeLisle,Mayor
ATTEST:
fay:
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
Paige Saenz, City Attorney
ACKNOWLEDGEMENT
State of Texas §
County of Williamson §
This instrument was acknowledged before me on (date)
by Christine DeLisle, Mayor of the City of Leander, Texas, a Texas home -rule municipal
corporation, on behalf of the City of Leander, Texas.
Notary Public, State of Texas
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W1142385.3)
EXHIBIT A TO ILA
ILA TRANSFER AREA DESCRIPTION
(see following pages)
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 11423 85.31
28.212 Acres
THAT PART OF THE JOHN T. CHURCH SURVEY, ABSTRACT No. 140, IN WILLIAMSON
COUNTY, TEXAS, BEING A PART OF THAT CALLED 49.556 ACRE TRACT OF LAND
CONVEYED TO IIM CR 176-2243, LP, BY DEED RECORDED 1N DOCUMENT No. 2018023178 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at a 3/8" iron rod found on the north line of said 49.556 Acre Tract, being also at the southeast
comer of an 89.41 Acre Tract of land conveyed to Anita Martinez, et al, by deed recorded in Document
No. 2012066513 (Cause No. 11-00262-CP4) of the Official Public Records of Williamson County, Texas,
and at the southwest corner of a 40.80 Acre Tract of land conveyed to HM CR 176-2243, LP, by deed
recorded in Document No. 2018012540 of the Official Public Records of Williamson County, Texas;
THENCE N69°28'39"E along the north line of said 49.556 Acre Tract, being also the south line of said
40.80 Acre Tract a distance of 232.16 feet;
THENCE S21 °19'19"E across said 49.556 Acre Tract a distance of 417.25 feet to a 60-D Nail found on
the south line said 49.556 Acre Tract, same being the north line of a 26.045 Acre Tract of land (Exhibit
B) conveyed to Tommy Diaz by deed recorded in Document No. 2002058098 of the Official Public
Records of Williamson County, Texas,
THENCE S68°57'32"W along the south line of said 49.556 Acre Tract, same being the north line of said
26.045 Acre Tract and along a old fence a distance of 758.02 feet to a 1/2" iron rod with cap labeled
RPLS 1847 found at the northwest comer of said 26.045 Acre Tract and the northeast comer of a 3.55
Acre Tract of land conveyed to Toby D. Steele by deed recorded in Document No. 2013066332 of the
Official Public Records of Williamson County, Texas;
TIiENCE S68°58'37"W continuing along the south line of said 49.556 Acre Tract, same being the north
line of said 3.55 Acre Tract and said fence, a distance of 393.43 feet to a 1/2" iron rod with cap labeled
RPLS 1847 found at the northwest corner of said 3.55 Acre Tract and the northeast corner of a 4.44 Acre
Tract of land conveyed to Dayton Klein Trustee Living Trust by deed recorded in Document No.
2011012660 of the Official Pubic Records of Williamson County, Texas;
THENCE S69°02'52"W continuing along the south line of said 49.556 Acre Tract, same being the north
line of said 4.44 Acre Tract and along said fence a distance of 486.09 feet to a 1/2" iron rod with cap
labeled RPLS 1847 found at the northwest comer of said 4.44 Acre Tract and at the northeast corner of a
4.45 Acre Tract of land conveyed to Dayton Klein and Elyce Klein by deed recorded in Document No.
2004096526 of the Official Public Records of Williamson County, Texas;
THENCE S69°03'15"W continuing along the south line of said 49.556 Acre Tract, same being the north
line of said 4.45 Acre Tract and along said fence, a distance of 479,74 feet to a 1/2" iron rod with cap
labeled RPLS 1847 found at the northwest comer of said 4.45 Acre Tract and at the northeast corner of a
8.08 Acre Tract of land conveyed to Brian K. Flacks and wife Lisa S. Flachs by deed recorded in
Document No. 2005033065 of the Official Public Records of Williamson County, Texas;
THENCE S69°03'43"W continuing along the south line of said 49.556 Tract, same being the north line of
said 8.808 Acre Tract and along said fence a distance of 798.84 feet to a 1/2" iron rod found at the
southwest corner of said 49.556 Acre Tract, being also at the northwest corner of said 8.08 Acre Tract and
on the east line of a 168.4 Acre Tract of land conveyed to CSM-Mason Family LP by deed recorded in
Document No. 2011086909 of the Official Public Records of Williamson County, Texas;
Page I oft 2779-DESC-28.212AC.DOCX
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W 1142385.31
28.212 Acres
THENCE N21'01'52"W along the west line of said 49.556 Acre Tract same being the east line of said
168.4 Acre Tract and along an old fence a distance of 423.35 feet to a 1/2" iron rod set at the northwest
comer of said 49.556 Acre Tract, being also at the southwest corner of said 89.41 Acre Tract;
THENCE N69°06'39"E along the north line of said 49.556 Acre Tract, the south line of said 89.41 Acre
Tract and along an old fence, a distance of 2681.86 feet to the Point of Beginning.
Containing 28.212 acres, more or less, as shown on the sketch attached.
All iron rods set have RJ Surveying caps, All rod found are 1 /2" unless otherwise noted
Bearings are based on the Texas State Plane Coordinate system of 1983, Central lone (4203)
• .:7n1VW'aJ.Y
-.
�
William L. ]vh on
P...d�
Registered P fessivnal Land Surveyor No. 5425
F
State of Texas
'
WILLIAM L JDNH&QN
RJ Surveying &Associates, Inc.
5425
'
A�Esst10,
2900 Jazz Street
Round Rock, Texas 78664
F-10015400
Page 2 of 2
2779-DESC-28.212AC. DOCX
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W 1142385.31
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Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{W1142385.3}
EXHIBIT B to ILA
Leander ETJ Transfer Resolution
(see following pages)
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 1142385.3 }
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEANDER,
TEXAS RELEASING APPROXIMATELY 28.212 ACRES OF LAND
FROM THE CITY OF LEANDER'S EXTRATERRITORIAL
JURISDICTION INTO THE CITY OF GEORGETOWN, TEXAS
EXTRATERRITORIAL JURISDICTION, SAID LAND BEING
GENERALLY LOCATED SOUTH OF RM 2243/LEANDER ROAD NEAR
ITS INTERSECTION WITH PARKSIDE PARKWAY, WILLIAMSON
COUNTY, TEXAS, RESULTING IN A REDUCTION OF LEANDER'S
ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to that certain Interlocal Agreement Allocating Extraterritorial
Jurisdiction Between the City of Leander, Texas, and the City of Georgetown, Texas
("ILA") dated effective , the City of Leander agreed to release the land
described on Exhibit A to this Resolution (the "ETJ Transfer Area") from Leander's ETJ
and consented to its inclusion in Georgetown's ETJ; and
WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, a city's
extraterritorial jurisdiction can be reduced if the city's governing body gives its consent
by ordinance or resolution; and
WHEREAS, pursuant to the ILA, the City of Leander desires to approve the release of
the ETJ Transfer Area from Leander's ETJ and inclusion of the ETJ Transfer Area into
Georgetown's ETJ.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LEANDER, TEXAS:
SECTION 1. The City Council of the City of Leander, Texas ("City Council") does
hereby adjust the boundaries and limits of the extraterritorial jurisdiction ("ETJ") of the
City of Leander such that the City of Leander'sETJ shall be and is hereby adjusted to
release and remove the ETJ Transfer Area depicted in Exhibit A attached to this Resolution
from the City of Leander"s ETJ.
SECTION 2. The City Council of the City of Leander hereby expresses its consent to
inclusion of the ETJ Transfer Area into the City of Georgetown's extraterritorial
jurisdiction.
Resolution No.
Regarding Parkside on the Peninsula ETJ Transfer From Leander to Georgetown Page 1
{W 1142385.3 }
SECTION 3. This Resolution shall take effect immediately upon its passage.
List of Exhibits:
Exhibit A — ETJ Transfer Area Description
PASSED AND APPROVED by the City Council of the City of Leander, Texas, on the
dayof 2022.
ATTEST:
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
LIM
Paige Saenz, City Attorney
State of Texas §
County of Williamson §
CITY OF LEANDER, TEXAS
Bv:
Christine DeLisle,Mayor
ACKNOWLEDGEMENT
This instrument was acknowledged before me on (date)
by Christine DeLisle, Mayor of the City of Leander, Texas, a Texas home -rule municipal
corporation, on behalf of the City of Leander, Texas.
Notary Public, State of Texas
Resolution No.
Regarding Parkside on the Peninsula ETJ Transfer From Leander to Georgetown Page 2
{W 1142385.3)
EXHIBIT C to ILA
Georgetown ETJ Transfer Resolution
(see following pages)
{W 1142385.3 }
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ADDING APPROXIMATELY 28.212 ACRES
OF LAND INTO THE CITY OF GEORGETOWN'S
EXTRATERRITORIAL JURISDICTION, SAID LAND BEING
GENERALLY LOCATED IN THE AREA SOUTH OF RM
2243/LEANDER ROAD NEAR ITS INTERSECTION WITH PARKSIDE
PARKWAY, WILLIAMSON COUNTY, TEXAS, RESULTING IN AN
EXPANSION OF GEORGETOWN'S ETJ; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 42.022(b) of the Texas Local Government Code states that "The
extraterritorial jurisdiction of a municipality may expand beyond the distance limitations
imposed by [Texas Local Government Code] Section 42.021 to include an area contiguous
to the otherwise existing extraterritorial jurisdiction of the municipality if the owners of
the area request the expansion"; and
WHEREAS, HM CR 176-2243 LP ("Owner") owns the land described in Exhibit A
attached to this Resolution (the "ETJ Transfer Area") and has requested that said land be
transferred from the City of Leander's ETJ to the City of Georgetown's ETJ to facilitate
the provision of water and wastewater service by the City of Georgetown to the ETJ
Transfer Area and development of the ETJ Transfer Area consistent with the Owner's
Parkside on the River Subdivision project pursuant to the agreements between Owner
and the City of Georgetown; and
WHEREAS, the ETJ Transfer Area is contiguous to the City of Georgetown ETJ; and
WHEREAS, pursuant to that certain Interlocal Agreement Allocating Extraterritorial
Jurisdiction Between the City of Leander, Texas, and the City of Georgetown, Texas
("ILA") dated effective , the City of Leander has passed and
approved a resolution or ordinance releasing the ETJ Transfer Area from Leander's ETJ
and consented to its inclusion in Georgetown's ETJ.
WHEREAS, pursuant to the ILA, the City of Georgetown desires to approve the Owner's
request to transfer the ETJ Transfer Area into Georgetown's ETJ.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
Resolution No.
Regarding Parkside on the Peninsula ETJ Transfer From Leander to Georgetown Page 1
{ W 11423 85.31
GEORGETOWN, TEXAS:
SECTION 1. The City Council of the City of Georgetown, Texas ("City Council")does
hereby approve Owner's request to adjust the boundaries and limits of the ETJ of the
City of Georgetown such that the City of Georgetown'sETJ shall be and is hereby adjusted
to expand, include and encompass the ETJ Transfer Area depicted in Exhibit A attached
to this Resolution.
SECTION 2. This Resolution shall take effect immediately upon its passage.
EXHIBIT LIST
Exhibit A — ETJ Transfer Area
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on
the dayof 2022.
CITY OF GEORGETOWN, TEXAS
Josh Schroeder, Mayor
ATTEST:
am
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
in
Skye Masson, City Attorney
ACKNOWLEDGEMENT
State of Texas §
County of Williamson §
Resolution No.
Regarding Parkside on the Peninsula ETJ Transfer From Leander to Georgetown Page 2
JW 1142385.3 }
This instrument was acknowledged before me on (date)
by Josh Schroeder, Mayor of the City of Georgetown, Texas, a Texas home -rule municipal
corporation, on behalf of the City of Georgetown, Texas.
Notary Public, State of Texas
Resolution No.
Regarding Parkside on the Peninsula ETJ Transfer From Leander to Georgetown Page 3
{W 11423 85.31