HomeMy WebLinkAboutRES 101023-5.AK - Parkside on PeninsulaRESOLUTION NO. M l O Z3 —5 A-J.0
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; ANDPROVIDING 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 June 16, 2022, on September 21, 2023 the City of Leander 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
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.
Resolution No. 1 D 10 2.3 - 5- P9 -
Regarding Parkside on the Peninsula ETJ Transfer from Leander to Georgetown Pagel of 2
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 0Lkbg1►' 2022. /
ATTEST:
Ro4h Densmore, City Secretary
APPROVED AS TO FORM:
'—Skye °Masson , City Attorney
State of Texas
V
CITY O�' GEO ETOWN, TEXAS
By
Josh Schroeder, Mayor
ACKNOWLEDGEMENT
County of Williamson §
This instrument was acknowledged before me on 44f/0 2023 by Josh
Schroeder, Mayor of the City of Georgetown, Texas`,��a Texas home -rule municipal corporation,
on behalf of the City of Georgetown, Texas.
(seal)
LINDA RUTH WHITE
•' My Notary ID # 124936123
*' Expires May 24, 2024
Notary Public, State of Texas
Resolution No. 0 25
Regarding Parkside on the Peninsula ETJ Transfer from Leander to Georgetown Page 2 of 2
EXHIBIT A
28.212 Acne
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 T-ANM
CONVEYED TO HM CR 176-2243, LP, BY DEFT RBCORi)ED IN DOCUMfiNr No, 2018023178 OF
THE 0M- C9AL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS, MORE
PARTICULARLY DFSCRBIHD 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
corner of an 99.41 Acre Tract of lard conveyed to Anita Mutiny a a), by deed recorded in Docurnerd
No. 2012066513 (Cause No. I I-W262CP4) of the Official Public Records of Walliatnsen County, Texas,
dW et the soulbwesl cotter of a 40.80 Acre Tract of Isrd convcyod to f(M CR 176.2243, LP, by deed
recorded in Document No. 2018012540 nfthe Official Puhhe Records of Williamson County, Tex";
7NINCE ,,,N69°28'39"H along the north line of said 49.556 Acre Tract, being also the south line of said
40.80 Acre Tract a disiuscc of 232.16 feet,
THENCE S21 s 19'19"B across said 49,556 Aae Trail a distance of 417.25 had to a 60-D Nail found on
the south line said 49.556 Acre Trod, same being the mmh line of a 26 045 Acm Tract of land (Exhibit
B) conveyed to Tommy Diaz by dead recorded in Document No. 2002058098 of tho Official Public
Records of Williamson County, Tunas,
THENCE S68°5T32"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 it distance of 758.02 feet to a 1/2" Iron rod with cap labeled
RPLS 1947 found at the nortilwcst comer of said 26.045 Acre'rrau and the ourthwast coma of s 3.55
Acre Tract of lead conveyed to Toby D, Stale by deed recorded in Document No. 2013066332 of ilia
Official Public Room& of Williamson County, Texas;
TTIF.NCH S68`58 37"W wrilittuing stung flit south line of said 49.556 Acre Trad, same being the north
line of said 3.55 Acre Trail and said fence, a distance of 393.43 foci to a I r2" iron rrA with cep labeled
RPLS 1847 found at the northwest comer of said 3.55 Acre Tract and the northeast coma oft 4.44 Acre
Tract of land conveyed to Dayton Kktn Tntoshx Living Trust by dcod recorded in Document No.
201 1012660 of the Official Pubic Records of Williamson County, Texas;
111IfNCE S69"02'52"W continuing along the south line ofsaid 49.556 Acre Tract, same being the north
line of said 4.44 Acre Tnad and along maid fence a distance of 486.09 fat to a I r2" iron rod with cap
htbeled RPLS 1847 fowl at the northwest wirer of said 4.44 Acre Tract and at the northeast comer of a
4.45 Acre Trail of land conveyed to Oaytnn Klein and I.Iyco Klein by doed rmordcd in Document No.
2OD4096326 of the Official Public Rocomds of Williamson County, Texas;
TI IFNCH S69"03'l5"W continuing along the south line of said 49.556 Acre Tract, sane being the nunth
line of said 4.45 Acre Tract and along uid fence, a distance of 479.74 feet to a I/2" iron roil with cap
lab dad RI'1S 1947 found at tiro nonhwem corner of asid 4.45 Acm Toms urd at the northwwt wmcr of a
8.08 Acre Tract of land conveyed to Brian K. Flachs and wife Liu S. Flachs by dead recorded in
Document No. 2005033(165 of the Official Public Records of williamson County, Texas;
THENCE S69T3'43"W continuing along the kwth line of sad 49.556 inset, same brag the nosh line of
said 8.808 Acre Tract and along said fence a distance of 798.84 fed to a 1/2" iron rod found at the
southwest comer of said 49.556 Acre Tract, being also at the northwest comer of avid 8.09 Acre Tract and
on the tact line of s 169.4 Acre Trod of land conveyed to CSM-Masou Fsmily LP by dood recorded in
Document No. 2011086909 of the Official Public Records of Williamson County, Texas;
Page I oft 2779.OESC-20.212ACOOPt
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula FTJ Transfer
I W 1142385.3 )
Exhibit "A" Page I Of 3
28.212 Acres
7W04CB N21 °01'52"W along the west Une of said 49.556 Acre Tnu same being the east line of said
168.4 Acre Tray and along an old Ccrice n distance of 423.35 feet to a 1/2" iron rod set at the uonhwmt
corner of said 49.556 Acre Traci, being also at the soothweft comer of aald 89.41 Aac Tract;
TMCB N69°06'39"F along the north line of said 49.556 Acre Traci, the south line of said 99,41 Acre
Tract and along an old fence, a distance of 2681.86 fed to the Point of Beginning.
Containing 28.212 awes, mom or less, as shown on the sketch attached.
All iron rods set have RJ Surveying caps. All rod fourJl are 1/2" unless othcnviac noted
Bearings are based on ihe'Cexat State Plane Coordinate system of 1981. Central'&nc (4203)
William L. �.Mi..,
E OF
P
Reg sterecld -Surveyor No, 5425
�} ............
y:e�otyF'9
State of Texas
�s.
M7WAM L JOHWoH
RJ Surveying do Associates, Ina
2900 Jana Street
Round Rock Texas 78664
F-10015400
Pago 2 of 2 2779-DESCG29.21 M000l
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
(W 1142385,3 )
Exhibit "A" — Page 2 of 3
� Cf
"Oa
N i 41725' $ 1�
-�L4
d
1
1 1
eye � I
arp YY I I
I
Y y I 1
r oil
10
, I
h , 1
1
j a i
7 IOG api I2J. -W ,+
a'Stoney LAW N21'01'321Y
phi list
0 oil 1 11 1
NN rf'MI I WA VI UPI apMpd-1UAR%M luc as 1M1�4Y
Leander -Georgetown Tnlerlocal Agreement Regarding Parkside on the Peninsula ETI Transfer
{ W 1142385.3 }
Exhibit "A" — Page 3 of 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
(W 1142385.31
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 ETl 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 ETi 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 b Munici alities. 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 Savings/Severability. 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
(W1142385.3)
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
t W 1142385.3 }
CITY OF GEORGETOWN, TEXAS
By:
J , Mayor ► �ru l ��irv�
ATTEST:
13y:
�J
Robyn ensmore, City Secretary
APPROVED AS TO FORM:
By: _
Sky Mas on, City Attorney
ACKNOWLEDGEMENT
State of Texas
County of Williamson § '/
�' Lt I .Z4z,;�
This instrument was acknowledged before me on (date)
by Josh Seliroectet; Mayor of the City of Georgetown, Te as, a Texas home -rule municipal
corporation, n belialff of the City of Georgetown, Texas.
141-1
�eUclL f t,�S
"r KAREN FRD
Notary Public, State of Texas
Notary ID # 105
WXYMy Commission For�`May 24, 00
Leander-Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
(W 1142385.3)
CITY OF LEANDER, TEXAS
By:_
Christine E a isle,Mayor
ATTEST:
By: _ . Cg=15J�J
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
By: --`.-
6
Paige S,Sen�,ttorney
ACKNOWLEDGEMENT
State of Texas §
County of Williamson §
This instrument was acknowledged before me one (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.
STEFANIE BORCHERS BROWN
Notary Public, Stele of Texas
. c Comm. Expires 0"6-2024
.
...• +c
Notary ID 126384478
N ry Public, State of Texas
Leander -Georgetown interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
(WI 142385.3)
EXHIBIT A TO ILA
ILA TRANSFER AREA DESCRIPTION
(see following pages)
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 1142385.3 }
28.212 Acres
THAT PARTOF 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 HM CR 176-2243, LP, BY DEED RECORDED IN DOCUMENI' No. 2018023178 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BP.GIN 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 (Cauca No. 11-00262-CP4) of the Official Public Records of Williamson County, Texas,
and at the southwest coma of a 40,80 Acre Tract of land conveyed to RM CR 176-2243, LP, by deal
recorded in Document No. 2018012540 ofthc Official Public Records of Williamson County, Texas;
THENCE N69°28'39"ti along the north line of said 49.556 Acre Tenet, bring also the south line of said
40.80 Acre Tract a distauce 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 Traci 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 corner of said 26.045 Acre'fract and the northeast comer of a 3.55
Acre Tract of land conveyed to Toby D. Stale by deed recorded in Document No. 2013066332 of the
Officirtl Public Rccurxis of Williamson County, Texas;
TTIENCE 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 fat to a 1/2" iron rod with cap laWet
RPLS 1847 found at the northwest confer of said 3.55 Acre Tract and the northeast corner of a 4.44 Acre
Tract of land conveyed to Dayton Klein Trustee Living Tout by deed rcxordod in Document No.
2011012660 of the Official Pubic Records of Williamson County, Texas;
THENCE S69k*'52"W continuing along the south line of said 49.556 Acre Tract, same being the north
lime of said 4.44 Acre Tract and along said fence a distance of 486.09 foci to a 1/2" imn rod with car
labeled RPLS 1847 found at the northwest comer of said 4.44 Acrc Tract and at the northmsl comer of a
4.45 Acre Tract of land conveyed to Dayton Klein and lilyce Klein by deed rcw dcd in Document No.
2004096526 of the Official Public Records of Williamson County,'1'exas;
TIIINCE 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 of479.74 feet to a 1/2" iron rod with cap
labeled RPLS 1847 found at the northwest corner of said 4AS Acne'rmet and at the nottheavl comer of a
8.08 Acre Tract of land conveyed to Brian K. Ilachs and wife Lisa S. Flaclu by deed recorded in
Document No. 2005033065 of the Official Public Records of Williamson County, Tcxas;
THENCE S69'03'43"W continuing along the south line of said 49.556 Tract, same bring the north line of
said 8.808 Acre Tract and along said fence a distance of 798.84 fat to a 1/2" iron rod fotmd at the
southwest comer of said 49.556 Acre Tract, being also at the northwest corner of said 8.08 Acre Tract and
on the cast lone of a 168.4 Acre Tract of land conveyed to CSM-Masou Family LP by deed recorded in
Document No. 2011086909 of the Official Public Records of Williamson County, Texas;
Page I of 2 277"ESC-28.212AC.000(
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
(WI 1423853)
28.212 Acres
THENCE N21 001'52"W along the west line of said 49.556 Acre Tract same being the cast line of said
I68.4 Acre Truct rurd 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 acid 89.41 Acrc Tract;
TIMNCE N69°06'39"E along the north line of said 49.556 Acm Tract, the south line of said 89,41 Acre
Tract and along an old fence, a distance of 2681.86 fed to the Poirrt of Beginning.
Containing 28.212 acres, more or less, as shown on the sketch attached.
All iron rods act have RJ Surveying caps. All rud found tare 1/2" unless othcrwiac noted
Bearings are based on the Texas State Plane Coordinate system of 1983, Central 7onc (4203)
William L. Job n
OF
Registered essional Land Surveyor No. 5425
�Pe
State of Texas
WiLUAAi L Joh't750N
RJ Surveying & Associates, Im.
2900 Jazz Street
P'
Round Rocl4 Taxes 78664
ass+�'
p" ..
F 10015400
Page 2 of 2
2779-DESG28.212AC DOOt
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 1142385.3 )
i 5 ii V
' gig
I �
F5 1 3 S2119i9 E C` i i W •-.
1 I17.29' Cl`1 I1
7 1 1 C 1!C
------------- o
h I I
I
0
I 1 fifi
I �
I
it
I
t �
I �
g & 1
� 1
�Ytl
x b 1
rr l OrA MW
or SU4Wy WC N21'01 5 W
M APM SI Wr
ABSMCT,M ur
H
U �
Wd zrwl I iWS I/t nMfi +1-UGV1'—Wd MW Ed-6[1MM4 M: GE VA:]4S
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
(WI 142385.3}
EXHIBIT B to ILA
Leander ETJ Transfer Resolution
(see following pages)
Leander -Georgetown Interlocal Agreement Regarding Parkside on the Peninsula ETJ Transfer
{ W 1142385.31
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 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 Park -side 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:
By:
Dara Crabtree, City Secretary
APPROVED AS TO FORM:
By:
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
Resolution No.
Regarding Parksidc on tlic Pcninsula ETJ Transfcr From Leander to Georgetown Page 2
i W l 142385.3)
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 28.251 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.
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 1142385.3 )
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.
ATTEST:
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 Peninsula ETJ Transfer From Leander to Georgetown Page 2
{ W 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
(WI 142385.3}