HomeMy WebLinkAboutRES 121223-5.C - Hwy 29 & West of DB WoodRESOLUTION NO. I Z) W `6. C,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 10.066 ACRES OF LAND FROM THE CITY OF
GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"),
SAID LAND BEING GENERALLY LOCATED NORTH OF STATE
HIGHWAY 29 AND WEST OF DB WOOD ROAD, WILLIAMSON
COUNTY, TEXAS, RESULTING IN A REDUCTION OF
GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 17, 2023, the City of Georgetown, Texas, received a petition requesting
release from its ETJ of a 10.066 acre tract of land in the Isaac Donagan Survey (the "Petition"), a
true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein
by reference; and
WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or
residents may submit a petition seeking release of an area of land from the City's ETJ; and
WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the
requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition
requirements of Chapter 277 of the Election Code.
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: To the extent required by state law, the City Council does hereby adjust the
boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City
of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to
the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto
and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas.
SECTION 3. The City Council is not consenting to this reduction of its ETJ except as required
by state law.
SECTION 4. This Resolution shall take effect immediately upon its passage.
Resolution No. 1 Z 1 ? Z3 'S 6—
Regarding Release of Petition Area Page 1
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the
dayof Dp-(/yy%,6 /� , 2023.
CITY OF G)K(*GETOWN, TEXAS
By:
Josh S •hro er, Mayor
ATTEST:
'--)?By:
Robyn Densm e, City §ecretary
APPROVED AS TO FORM:
By:
Skye MassA, City Attorney
Resolution No. I Z I - .5• C,
Regarding Release of Petition Area Page 2
Exhibit A
Petition
Resolution No.
Regarding Release of Petition Area
P7"CEP RECEIVED
STATE OF TEXAS §
§ �� �- � , .��.� OCT rl 2023
COUNTY OF Williamson § city .#.ary City Secretary
PETITION FOR RELEASE FROM EXTRATERRITORIAL
JURISDICTION ("ETJ") AREA BY LANDOWNER PURSUANT
TO CHAPTER 42.101 SUBCHAPTER D. TEXAS LOCAL
GOVERNMENT CODE
The undersigned JMA Entity LLC ("Petitioner") hereby petitions the City of Georgetown,
Williamson County, Texas (the "Municipality"), to remove the below -described property from the
ETJ boundaries of the Municipality as allowed by Texas Local Government Code §42.101,
Subchapter D (the "Statute").
The Property is described in the attached Exhibit D" being the Recorded Deed and map to the
Property designating such territory which are incorporated herein by reference for all purposes.
1. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY
The Property is not area located:
(1) within five miles of the boundary of a military base, as defined by Section 43.0117, at which
an active training program is conducted;
(2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a
county:
(A) in which the population grew by more than 50 percent from the previous federal
decennial census in the federal decennial census conducted in 2020; and
(B) that has a population greater than 240,000;
(3) within the portion of the extraterritorial jurisdiction of a Municipality with a population of
more than 1.4 million, that is:
(A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at
which an active training program is conducted; and
(B) in a county with a population of more than two million;
(4) in an area designated as an industrial district under Section 42.044; or
(5) in an area subject to a strategic partnership agreement entered into under Section 43.0751.
2. PETITION REQUIREMENTS
The petition requesting release under the Statute has been signed by:
(1) more than 50 percent of the registered voters of the area described by the petition as of the
date of the preceding uniform election date; or
(2) a majority in value of the holders of title of land in the area described by the petition, as
indicated by the tax rolls of the applicable central appraisal district.
(3) All signature requirements under SB 2038 have been satisfied.
(4) The petition includes a map of the land to be released and describes the boundaries of the land
to be released by (1) metes and bounds or lot/block number if there is a recorded map or plat.
Petitioner requests that the Municipality shall immediately release the area from the Municipality's
extraterritorial jurisdiction.
4. MUNICIPALITY'S ACTIONS ONCE THE PETITION IS FILED
The municipal secretary or other person responsible for verifying signatures shall verify
the signatures contained in the Petition and notify the residents and landowners of the area
described within this petition of the results of the petition.
If a resident or landowner obtains the number of signatures on the petition required under
Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from
the municipality's extraterritorial jurisdiction.
3. MUNICIPALITY'S FAILURE TO TAKE ACTION
If a Municipality fails to take action to release the Property by the later of the 45th day after
the date the Municipality receives the petition or the next meeting of the Municipality's governing
body that occurs after the 30th day after the date the Municipality receives the petition, the area is
released by operation of law.
PETITIONER: Dated October 10, 2023
JMA Entity LLC
Signed:
By: John M rich - manager
John Muhich date of birth -
Address: 4203 Spinnaker Cove, Austin, TX 78731
ELECTRONICALLY RECORDED 2022068790
Exhibit °D" Williamson County, Texas Total Pages: 6
Space Above Dis Line For Recording Data ___
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NA
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOI
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC REI II
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUM$'
SPECIAL, WARRANTY DEED WITH VENDO '&LIEN
Effective Date: June, 2022 �.
Grantor: GABRIEL FOREST PROPER
i:: ranto►'s_ Address: 8 Valley Trail,
Grantee: JMA ENTITY LLC, a
Gr. gntee's Address: 4203
Consideration: Ten and Noll
which is hereby acknowledg
$1,700,000.00 and is executed
secured by a vendor's lien rdit4
security agreement, of eve"at
HA, Trustee.
►-PERSON, YOU
NFORMATION
At PROPERTY
YOUR SOCIAL
limited liability company
liability company
Cove, Austin, Texas 78731
lai's.pl other good and valuable consideration the receipt of
•4,,n6te of even date that is in the principal amount of
n6, payable to the order of Grantor C'Lender"}. The note is
. ` ,or of the Grantor in this dead and by a deed of trust and
Grantee to BENJAMIN K WILLIAMS and BENJAMIN H.
BE�Ia'A.'l>?_0�6 ACRE TRACT OF LAND LOCATED IN THE ISAAC
DO G"AN'SURVEY, ABSTRACTNO.178, WILLIAMSON COUNTY, TEXAS,
S'k 16,C�66 ACRE TRACT BEING THE REMAINING PORTION OF A
CXLLED,52.04 ACRE TRACT OF LAND RECORDED IN VOLUME 516, PAGE
I "'S13;-DEED RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING TBE
` REMAINING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBED IN
\- i)OCUMENT NO.2000010817, OFFICIAL PUBLIC RECORDS, WII.LLAMSON
`�\ COUNTY, TEXAS; SAID I0.066 ACRE TRACT BEING MORE
2022068790 Page 2 of 6
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE
ATTACHED EXHIBIT "A'. �4
TRACT 2:
Two (2) access easements out of the Isaac Donagan Survey, Abstract No.17$s Williammon
County, Texas, as established by instrument recorded in Volume 574, Page -447, Deed
Records, Williamson County, Texas. (�s�\;
Reservations from Conveyance: \ ✓C�
None �\
Exceptions to Convey ante and Warranty
\i
Liens described as part of the Consideration and any other lieY i described in this deed as
being either assumed or subject to which title is taken; validly e�.isti�g easements, rights -of -way, and
prescriptive rights, whether of record or not; validly existiO res(nct'ive covenants common to the
platted subdivision in which the Property is located; all �p esenO recorded and validly existing
reservations, conditions, oil and gas leases, mineral, interests, -and water interests outstanding in
persons other than Grantor, and other instruments, of4t r than conveyances of the surface fee estate,
that affect the Property; validly existing rights -of i d, Jlq ung owners in any walls and fences situated
on a common boundary; any discrepancies; e6i tE-et , or`shortages in area orboundary lines; and any
encroachments or overlapping of improvements. `� 1
Grantor, for the Consideration and subject o' the Reservations from Conveyance and the
Exceptions to Conveyance and W arrauty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and apputtenances thereto in any wise belonging, to have and hold it
to Grantee, Grantee's heirs, executors -administrators, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs, exeito;; dtninistrators, and successors to warrant and forever defend
all and singular the Property, to G�' �� 4ee�a4id Grantee's heirs, executors, administrators, successors,
and assigns against everypersoa.vdhom'soever lawfully claiming or to claim the same or any part
thereof, when the claim is--byr through, or under Grantor but not otherwise except as to the
Reservations frog onTey\ e d the Exceptions to Conveyance and Warranty.
, `taxes, and assessments by any taxing authority for the year 2022 and
Standby4es
subsequent yyears; aitd'subse4uent taxes and assessments by any taxing authority forprior years due
to change in lapel Wage Qk ownership.
T�vet o s lien against and superior title to the Property are retained until each note
described\�1 fully prod according to its terms, at which time this deed shall become absolute.
When the context requires, singular nouns and pronouns include the plural.
(Signature page to follow)
2
2022068790 Page 3 of 6
GABRIEL FOREST PROPERTIES
a Tulsa limited liability company':; � LL�
THE STATE OF TEXAS S.
COUNTY OF��
This insbument was acknowledged before me
KEMTON, Manager of GABRML FOREST PROPER
on behalf of said limited liability company.
04ALAM VMMElU1¢N
NOTARY PUa - STATE OF COLOWO
NX D 20134002448
RY COMMISSION EXPIRES AM it, 2025.
PREPARED BY:
Law Office ofBen William P (`/)
10119 Lake Greek Pkwy, Sta-I%
Austin, Texas 78729 /P
0072.031
LoB W/Ko
sxwndd
3
!'flay of h=, 2022 by JANVtES R.
a Tema limited liability company,
Public, State SZ
After Recording Return to:
2022068790 Page 4 of 6
EXHIBIT "A'
Legal Description
TRACT 1: \�
BEING A 10.066 ACRE TRACT OF LAND LOCATED IN THE ISAAC DONAGP���f �
ABSTRACT NO. 178, WILLIAMSON COUNTY, TEXAS, SAID 10.066 ACRE 'rRAC1516INfiHE
REMAINING PORTION OF A CALLED 52.04 ACRE TRACT OF LAND RECORDED,. .,LUME
316, PAGE 513, DEED RECORDS, WILLIAMSON COUNTY, TEXAS"'e,
NG THE
REMAINING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBEDNO.
2000010817, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TF}tA66 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES =jg"y
AS FOLLOWS:
BEGINNING at a 1/2" iron rod located in the north right-of-way line of S9� Y �, said point being
in the west line of said 28.59 acre tract, being the southeast corner of therettlaining portion of said 52.04
acre tract, the southeast corner of a called 3.0 acre tract recorded in Vol145'l2,Page 808, Official Public
Records, Williamson County, Texas and being the southwest cornerlof the ii ` in described tract;
1. Thence, with the southwest line of the remaining portion d 9-der+e tract, the northeast line of
said 3.0 acre tract, the northeast line of the remaining porti6 of 52.04 acre tract, N18°33'13"W, a
distance of 828.24' to a 1/2" iron rod found at the northeast c ` •o£shid 3.0 acre tract, said t being an
interior corner of the herein described tract; r I g
2. Thence, with across said 52.04 acre tract, With-tlte`Q` wtsf line of said 3.0 acre tract as evident on the
ground, S 64133' 01" W, a distance of 181. to a ' ' d found at the northwest corner of said 3.0
acre tract, the southeast corner of a calle(`.q acre tmc tcorded in Document No. 2003065626, Official
Public Records, Williamson County, Texat e nor ast corner of a called 1.0 acre tract recorded in
Document No. 2008009771, Official Public Re �t+ds,)killiamson County, Texas and being a southwest
corner of the herein described tract; :-"-N' `
3. Thence, with the west line of the..mn tiirt� portion of said 52.04 acre tract, the east line of said 1.0 acre
tract recorded in Document No. f 6;- 210 04' 45" W, a distance of 183.26' to a 1/2" iron rod
found for angle; C A `✓ / } I
4. Thence, with the west lipe41he atning portion of said 52.04 acre tract, the east line of a called 0,802
acre tract recorded in Vol a 26 , ge 913, Official Public Records, Williamson County, Texas, N 200
52' 45" W, a dist4cice of ` 93' t 1/2" iron rod found for angle;
5. Thencewi e'�est�lt�of the remaining portion of said 52.04 acre tract, the east line of a called 0.802
acre tract r o qlu 1275, Page 310, Official Public Records, Williamson County, Texas, N 200
54' 35" W, a clljanq,e�o *.44' to a 1/2" iron rod found for angle;
6. Thenc�t e4est line of the remaining portion of said 52.04 acre tract, the east line of a called 1.0
acre trac�tl(, record n Document No. 2011088023, Official Public Records, Williamson County, Texas, N
20° 3,4.Q�' , ance of 29.34' to a 1/2" iron rod set with a blue "QUICK INC RPLS 6447" plastic cap
lofe8'at tihte southwest corner of a called 49.96 acre tract, recorded in Volume 2649, Page 772, Official
Pit he Reco , Williamson County, Texas;
`?..'Thence, with the southeast line of said 49.96 acre tract, the northwest lines of the remaining portion of
sai152.04 acre tract and said 28.59 acre tract, N 70° 39' 32" E, a distance of 435.51' to a 1/2" iron rod found
`� at a Onterior corner of said 49.96 acre tract, said point being the northeast corner of the herein described
if "let;
Page i of 2
2022068790 Page 5 of 6
S. Thence, with the west line of said 49.96 acre tract, S 19° 20' 28" E, a distance off 438.96'i to; ll2" iron
rod set with a blue "QUICK INC RPLS 6447" plastic cap for the southeast corner of the hereib *'sgribed
tract, said point being in the north right-of-way line of State Highway 29 being a curv"- tlit,riglit
containing a radius of 5679.65', a central angle of 02143' 12", a chord which bears N88`24'�34"WV-&.chord
distance of269.60; �%
9. Thence, with said curve to the right a curve length of 269.63' to the POINT OF B INN "containing
10.066 acres of land. \ '
TR 1 ! TVTTA_
Two (2) access easements out of the Isaac Donagan Survey, Abstract
Texas, as established by instrument recorded in Volume 574, Page 447,
Texas,
Page 2 of 2
Williamson County,
Williamson County,
2022068790 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022068790
Pages:6 Fee: $42.00
06/03/2022 03:44 PM
MISHER
Nancy E. Rister, County Clork.
Williamson County,Te s�
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CERTIFICATE OF RESOLUTION
STATE OF TEXAS
COUNTY OF WILLIAMSON
I, JOHN MUHICH, Manager of JMA ENTITY, LLC, a Delaware limited
liability company (the "LLC"), do hereby certify that the said LLC is duly organized and
existing under the laws of the State of Delaware, that all franchise and other taxes
required to maintain its existence have been paid when due and that no such taxes are
delinquent, that no proceedings and pending for the forfeiture of its Certificate of
Formation or for its dissolution, voluntarily or involuntarily; that it is duly qualified to do
business in the State of Texas and is in good standing in such State; that there is no
provision of the company's operating agreement ("Operating Agreement") or by-laws of
said Operating Agreement that is in conflict with the petition; that John Muhich is the
Manager and duly authorized sole Officer to act on behalf of the LLC. The Manager is
the keeper of the records and minutes of the proceedings of the members of the LLC, and
effective October 12, 2023, the following resolution was duly and legally adopted in
conformity with the by-laws and Operating Agreement of the LLC and the laws of the
State of Delaware, and that the same has not been altered amended, rescinded or repealed
and is now in full force and effect and no members of JMA ENTITY, LLC has objected,
contested, or withdrawn their consent to enter and close the transaction:
RESOLVED: John Muhich, as its Manager, is hereby authorized and empowered
on behalf of JMA ENTITY, LLC to petition the City of Georgetown, Texas (the "City")
for release from the City's Extraterritorial Jurisdiction ("ETJ" ), and all for such actions
needed to be taken by said officer that said officer, in his sole opinion, deems in the best
interests of said LLC: and the Manager is further authorized or empowered to deliver to
the City any and all documents required by the City for release of the City's ETJ, and to
do any and all other things on behalf of the LLC, which may be necessary and proper to
carry into effect the purpose of this resolution.
I further certify that I am the sole authorized officer of JMA ENTITY, LLC, a
Delaware limited liability company, and am authorized to act and sign for the foregoing
resolution.
DATE:; October 12, 2023
JMA ENTITY LLC,
a Delaware limited liability company
/10,4 -
JOHN M -IIC -1, its Manager
JOINED HEREIN BY 8 1 % SHAREHOLDER:
JSMA LLC,
a Delaware limited liability company
1
JOI-1 UI-IICI-1. its President
Exhibit B
Legal Description and Map
Resolution No.
Regarding Release of Petition Area
2022068790 Page 4 of 6
EXHIBIT "A'
Legal Description (\�
2.
TRACT ]:
BEING A 10.066 ACRE TRACT OF LAND LOCATED IN THE ISAAC DONAGt URVEY,
ABSTRACT NO. 178, WILLIAMSON COUNTY, TEXAS, SAID 10.066 ACRE TRACT BEINGTHE
REMAINING PORTION OF A CALLED 52.04 ACRE TRACT OF LAND RECORDED1N.VOLUME
516, PAGE 513, DEED RECORDS, WILLIAMSON COUNTY, TEXAS Q.•' 3 NO THE
REMAINING PORTION OF A CALLED 28.59 ACRE TRACT DESCRIBED I UOCO ENT NO.
2000010817, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.; SAID 10.066 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND l�6i7Nj�S.AS FOLLOWS:
BEGINNING at a 1/2" iron rod located in the north right-of-way line of Sra46 High ay 29, said point being
in the west line of said 28.59 acre tract, being the southeast corner of,the'iei 1aining portion of said 52.04
acre tract, the southeast corner of a called 3.0 acre tract recorded in Volunii' 1.522jage 808, Official Public
Records, Williamson County, Texas and being the southwest corner pf the•4er6ti described tract;
1. Thence, with the southwest line of the remaining portionQ /Safd 2A:594cre tract, the northeast line of
said 3.0 acre tract, the northeast line of the remaining portiA.of = )52.04 acre tract, N18°33'13"W, a
distance of 828.24' to a 1/2" iron rod found at the northeast corner -of said 3.0 acre tract, said point being an
interior corner of the herein described tract;
2. Then ) ce, with across said 52.04 acre tract, �thihc4 wrst ltne of said 3.0 acre tract as evrdent on the
ground, S 64133' 01" W, a distance of 181. ' � io^a 1/�'"•iro rod found at the northwest corner of said 3.0
acre tract, the southeast corner of a called(l.. acre tract? recorded in Document No. 2003065626, Official
Public Records, Williamson County, Texas; the. northeast corner of a called 1.0 acre tract recorded in
Document No. 2008009771, Official Public Reeoi-ds;,Williannson County, Texas and being a southwest
corner of the herein described tract; <X
3. Thence, with the west line of tha retnaiing•portion of said 52.04 acre tract, the east line of said 1.0 acre
tract recorded in Document No. 3 ��6' 6; N 21' Of 45" W, a distance of 183.26' to a 1/2" iron rod
found for angle; 0 � ) )•-,"
4. Thence, with the west line -of ihe'rgiiaming portion of said 52.04 acre tract, the east line of a called 0.802
acre tract recorded in Vole 26,0�, •itdge 913, Official Public Records, Williamson County, Texas, N 200
52' 45" W, a distance of S2.93' t 1/2" iron rod found for angle;
5. Thence, wi � -be �+est-1 ne. of the remaining portion of said 52.04 acre tract, the east line of a called 0.802
acre tract redo ot`in�Volun)t 1275, Page 310, Official Public Records, Williamson County, Texas, N 200
54' 35" W, a diKilncti o6$.44' to a 1/2" iron rod found for angle;
6. Thenc �an'th,the west line of the remaining portion of said 52.04 acre tract, the east line of a called 1.0
acre trac �ecordeo )n Document No. 2011088023, Official Public Records, Williamson County, Texas, N
20' 34.Q •,%,-a-di'stance of 29.34' to a 1/2" iron rod set with a blue "QUICK INC RPLS 6447" plastic cap
locate4-etlie s nthwest corner of a called 49.96 acre tract, recorded in Volume 2649, Page 772, Official
Nq iic Records, Williamson County, Texas;
`7. 'Thence, with the southeast line of said 49.96 acre tract, the northwest lines of the remaining portion of
said 52.04 acre tract and said 28.59 acre tract, N 700 39' 32" E, a distance of 435.51' to a 1/2" iron rod found
C;\ at ai intcrior corner of said 49.96 acre tract, said point being the northeast corner of the herein described
Page 1 of 2
2022068790 Page 5 of 6
8. Thence, with the west line of said 49.96 acre tract, S 190 20' 28" E, a distance off 438.96'i'to 112" iron
rod set with a blue "QUICK INC RPLS 6447" plastic cap for the southeast corner of the hereiii,Q�Bribed
tract, said point being in the north right-of-way line of State Highway 29 being a curvy -to thb,iigilt
containing a radius of 5679.65', a central angle of 02043' 12", a chord which bears N88"'24'34"W-a chord
distance of269.60;
9. Thence, with said curve to the right a curve length of 269.63' to the POINT OF 1313, aNi�} bi ntaini
10.066 acres of land. (l ,'�� \S 11
TRACT TWO:
Two (2) access easements out of the Isaac Donegan Survey, Abstract 1 cC: 118',q Williamson County,
Texas, as established by instrument recorded in Volume 574, Page 447, Recoid,Williamson County,
Texas. �: \
Page 2 of 2
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