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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� �l a U C O U t � ¢ w r U y i r ;�'Q I 4a�6U JU 04 ass g� \ . O U 9p0HLLO� a ' LLI Li � ` Q G Z � }� � � ��pGJ�O •' Y ••'b"rV' O �z�wz = .z� m— S w p i e� dz "' O ii i m w ] iz izLAJ y� U Z t\o /LD_ ia'se� aJam 3 LU ly§ L 9 / a � fig► � � o i o pgg rS� S} x X }as 1 VA ae� \ TLO Q 2 if FUN Wxk RillLbw€moo R go wz Ed w w • o off" I�£o�_ all=8 o § k o aHIS H 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 O Q J w m ro N W u 0 0 13 w Z. 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