HomeMy WebLinkAboutRES 091024-5.H - ETJ Disannexation - Abilene Strategic, 6.69 acresRESOLUTION NO. Oq 10 a 4 - 5.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 6.69 ACRES OF LAND FROM THE CITY OF
GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"),
SAID LAND BEING GENERALLY LOCATED NORTH OF RONALD
REAGAN BOULEVARD AND WEST OF STATE HIGHWAY 195,
WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF
GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 16, 2024, the City of Georgetown, Texas, received a petition requesting
release from its ETJ of an approximately 6.69-acre tract of land in the C.H. Delaney 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.
Page 11
Resolution No. OR l O ;� 4 5. VA
Release of Petition Area — Abilene Strategic 6 AC
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the
_p24�- dayof P jynjw 12024.
CITY OF GEORGETOWN, TEXAS
By:
Josh Sc roed�Mayor
ATTEST:
By:
Robyn Dens ore, City Secretary
APPROVED AS TO FORM:
By:
, J4 ': � � Id- ---
Skye Ma on, qty Attorney
Page � 2
Resolution No. m logLA - s. H
Release of Petition Area - Abilene Strategic 6 AC
Exhibit A
Petition
Resolution No. M L02L�-S.J4
Release of Petition Area
PETITION FOR RELEASE FROM THE EXTRXI'EIRRITORIAL
.1UR1SDiCTION OFTHE CITY OFGF.ORGTOW-N
14
August _, 2024
Petitioner: Abilene Strategic Investments, LLC, a Texas limited liability con"hany
Nlailing Address: 4500 Williams Dr, Ste 212
Georgetown, Texas 78633-1329
Disannexation Areas Requested:
Being 6.69 acres, more or less, out of the C.H. DLLANLY SURVEY ABSTRACT
NO. 181, in Williamson County, Texas, being part of the 86,77 acre tract, which is
describcd in a deed to C. Thomas, et ux, recorded in Volume 2574, Page 584,
O1Ticial Public Records, Williamson County Texas, and being more particularly
described in a deed to the property recorded in Document No. 2023102374, of the
Official Public Records of Williamson County, Texas attached hereto as Exhibit
"A" and survey Map attached hereto as Exhibit "B".
Parcel ID No. and Property Address: R418522; 2338 Bar T Dr., Florence, Tx 76527,
Contact Person for Petitioner: Courtney McWhorter
Sprouse Shrader Smith PLLC
Galleria Oaks A&B, 13215 Bee Cave Pkwy, Suite A-230
Austin, Texas 78738
Email: courtney.mcwhortcr@sprotisclaw.com
Telephone: 512.615.6650
This Petition for release, pursuant to Subchapter D of Senate Bill No. 2038 applies for the
foregoing reasons:
• No military base is located within five miles of the Property (Sec. 42.101 (1)); sec
location map attached as Exhibit "C;"
• The exclusion provided in 42.101(2) does not apply because the Property was not
voluntarily annexed, and since Williamson County brew by less than 50 percent
from the 2010 census to the 2020 census. In fact, according to the US Census
website, the population of Williamson County only increased by 44.0 'X, from the
2010 to the 2020 census. The following data was acquired from the UAS census
website:
11tlps://www.census.gov/quickfacts/fact/tabic/will iat osoncountytexas/PST045223;
Page 1 of 10
• Sec 42.1010) exclusion flocs not apply since ih� City ofGcorgctown's (the" City")
population is less than 1.4 million, and Williamson County's population is less than
2 million;
• The exclusion of Sec. 42.101(4) does not apply because the Property is not located
in an area designated as an industrial district under Sec. 42,044; and
• The exclusion of See. 42.101(5) does not apply because the Property is not located
in an area subject to a strategic partnership agreement.
As noted above, no exclusion applies under Subchapter D of Senate Bill No. 2038.
Accordingly, the Petitioner as the sole owner of the Property, as indicated by Williamson County
Property 1D No. R418522, has the authority under 42.102(b) to file this petition for release. As the
sole owner signing this petition. the Petitioner has satisfied Sec. 42.104 (b) and (c). By providing
the attached maps, Petitioner has fulfilled the last requirement under Sec. 42.104 (d)(1).
This Petition is signed and notarized by the Petitioner as the sole owners of the referenced
Property and is delivered to the City Secretary's office at 808 Martin Luther King Jr St.
Georgetown, Texas 78626. As rcyuired under Sec. 42.105, the City must notify the Petitioner of
the results of the Petition.
Petitioner respectfully requests that the City of Georgetown immediately release the
Property from the City's ETJ.
[Signature Page Follows]
Page 2 of 10
Petitioner:
:Abilene Strategic Investments, LLC,
"'Texas limited liability company
Garb) Nia& MAY�'InGZ
By: Garb)
Martinez, Managing Member
109 Deck Dr,
Georgetown, Texas 78633
DOB: -
Date Signed: 08/1a/202
By, Miyuol Agar yr do MAr�in�v
Miguel 109 Dccncz, Managing Mcntbcr
k DDr.r.
Georgetown, Texas 78633
DOB. -
Date Signed; os/ta
STATE OF A S
�MFlorida
COUNTY OF Duval §
§ Notarized remotely online using communication technology via Proof.
§
Sworn to and subscribed
Managing Member of before me
Abilene Strategic on the t� da
behalf of said limited liability by. Investments, LLCy of Augttst 2024, b
company. , a Texas li Y Carol M
mited liability company, A"111RAWAA]7F,A{tt7ANl mpany, on
� Notry Pl.k • Slit. or %dd.
(r C ComrNµ{on• to, 35M
.vs�TK �produ"ced.l
StateA s
STATE() ���FFlorida
�� Florida ID DRIVER LICENSE
COUNTY Ol: Duval
�R
Sworn t § Notarized remotely online using communication technology via Proof.
apaginb Met
° and subsctib
behal f of nber of Abile ed before
said limited liability
Strategi me °n the ----day
da
bility c° lnvcsttnct�ls] d
m C 4 Texas st 2p2
pan ,• , a Tc . 4
Texas
lin�itcd by Mi�Ltcl Flat
y5 „aYabe� ABOULRaryPubN•I Stato ftFloJI liaty cothp(i jtnLZ,
o i Notary Public • Statu of FbrKla
a Commlcslon p rul3au,:
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Expb¢s on A;•ni 3. X:?
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ID produced: DRIVER LICENSE
NOtary bllc,
Slate of
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EXHIBIT A
Deed with Legal Description
This Instrument was prepared by:
Carol Martinez
4500 Williams Dr Ste 212
Georgetown. TX. 78633
Once recorded, return to:
Abilene Strategic Investments LLC
4500 Williams Or Ste 212
Georgetown, TX. 78633
ELECTRONICALLY RECORDED 2023102374
Williamson County, Texas Total Pages: 5
This Document is being recorded to correct
Document # 2023087790
Texas General Warranty Deed
County of Williamson
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of
none____ US Dollars ($ _ 00,00 ) In hand, paid to
Miguel and Carol Martinez a married couple
with an address of 4500 Williams Or Ste 212, Georgetown, TX. 78633
(the "Grantor or "Grantors"), does/do hereby grant, bargain, and sell, and convey and confirm to
Abilene Strategic Investments, LLC I alan Texas Limited- Liandny Company
with an address of 4500 Williams Dr Ste 212, Georgetown, TX. 78633
(the "Grantee" or Grantees') its successors and assigns the following -described real property,
lying, being and situated in Williamson _ _ _ - County, Texas, to wit:
Oaq�lNNa,.euaai«,. antl rd a�anl daNGNt:EtAME`rSIIflVEVAG519AC11D. ttt V.aa+,,Z,Ca.vr. Tau, t.nCnNd•YV HI]am ri�.•.:v^.,
a00uMrNl'NOa�V naUV.tnrNO avM+nM��Tarn�wM,l �1,m;Wa,aufr4i[1.T�411.4t4�rfd PrIWOKM Iau,��v,: 1:r �W pw
'�wa,M pN �ap,nr 4inttanrn Ca.•P,, Tau,.r �wla4v. Y-Maa ra-. nf,� Ca W�n�(�Nrby,CW ]4 ]4I] W ra(Mv0 M pOpnwU Np .0! q, � 1M tl M •u' (( 1
U�waSt+ati-a'�CaeNa M�i�M.�lo�nOrl NauhMY,1Wa1 dOt�'1 0..Ca Cc'mcritNO�wana. h, )n FW.Gb�n,uaF MratMatla
Tax Parcel ID Number R418522 dd
The property identified herein ❑ is -OR-❑✓ Is not registered as the homestead of the Grantor(s).
Until amended, tax Information shall be sent to:
Name:Carcl Martinez
Address:4500 Williams Dr Ste 212. Georgetown. TX 78633
NUF Lfj;ZF-6F-,1 L)&D .ItE 0RJ6 JM---
uP.—*=7p� 7"3ZV 7+ --"*qF—
Page 1 of 4
Page 4 of 10
2023102374 Page 2 of 6
SUBJECT TO: easements, restrictions, reservations, and other agreements and, matters of
record, If any.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging unto the sold Grantee and its cuccessors and
assigns, forever; the said Grantor hereby covenanting that the said premises are free and clear
from any encumbrance, except as set forth above, that it Is lawfully seized of an Indefeasible
estate in fee simple to said prpmisps and may convey the same. Find that it will warrant and defend
the title to said premises unto said Grantee and Its successors and assigns, forever, against the
lawful claims and demands of all persons whomsoever, except real property taxes for the year
2024 and thereafter.
IN WITNESS WHEREOF, the Grantor(s) has/have duly executed this Instrument as of the day
and year written hereunder.
Grantor Signature:
Printed Name: Miguel A. a �z
Grantor Signature:
Printed Name: Carol B. Martinez
6
Date: I7 f/31io-a
Date:
Page 2 of 4
Page 5 of 10
2023102374 Page 3 of 6
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of Texas )
County of k/ ill, OL N) S 0 A 1
On )2-13—ZOz3 before me, Cash TOkj50/1
perronally apppared M 1 hUft. A MAPii KIE7— UI 'B . MtN E7—
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I are
subscribed to the within Instrument and acknowledged to me that he/she (gexecuted the same In
hls/her a uthorized capaclty(les), and that by his/h e r pnature(s) on the instrument the
person(s), orthe entity upon behalf of whlch the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the state of Texas that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signature
Printed Name t CIs1i 3—ok, SQ
My Commission Expires 0 3— Z Z
n
` CASH JOHNSON
� Notary ID 013,265979
a My Lommbllon Expires
March 22, 2027
(Seal)
Page 3 of 4
Page 6 of 10
2023102374 Page 4 of 5
EXHIBIT B
BEING 6.69 acres in the C.H. Delaney Survey, Abstract No. 181, in Williamson County, Texas,
part of the 86.77 acre tract which is described in a deed to C. Thomas, at ux, recorded in Volume
2574, Page 584, Official Records of Williamson County, Texas:
BEGINNING at an iron pin which was found in the East line of F.M. 2338, at the Southwest
fence comer of the C, Thomas tract described in Volume 2574, Page 584;
THENCE along the fenced East line of F.M. 2338, N 19 deg. 07 min. 27 sec. W. 350.0 feet to an
iron pin set;
THENCE N 70 deg. 52 min. 33 sec. E, 416.66 feet to an iron pin set;
THENCE N 19 deg. 07 min. 27 sec. W, 374.30 feet to an iron pin set;
THENCE N 71 deg. 57 min. 01 sec. E. 200.00 feet to an iron pin set;
THENCE S 19 deg. 07 min. 27 sec. E, 724.30 feet to an iron pin set;
THENCE along the fenced South line of the Charlie Thomas property, S 71 deg. 13 min. 29 sec.
W, 616.64 feet to the Point of Beginning.
Page 7 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023102374
Pages:5 Fee: $38,00
12/14/2023 11:08 AM
DLAM
J
R.
Nancy E. Rister, County Clerk
Williamson County,Texas
2023402374 Page 6 of 6
Page 8 of 10
EXHIBIT B
Survey
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Page 9 of 10
EXHIBIT C
Location Map
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Page 10 of 10
Exhibit B
Legal Description and Map
Resolution No.
Release of Petition Area
2023102374 Page 4 of
EXHIBIT B
BEING 6.69 ncres in the C.H. Delaney Sutvcy, Abstract No. 181, in Williamson County, Texas,
part of the 86.77 acre tract which is described in a deed to C'. Thomas, at ux, recorded in Volume
2574, Page 584, Official Records of Williamson County, Texas!
BEGINNINO at an iron pin which was found in the East line of F.M. 2338, at the Southwest
fence comer of the C. Thomas tract described in Volume 2574, Page 584;
THENCE along the fenced East line of F.M. 2338, N 19 deg. 07 min. 27 sec. W. 350.0 feet to an
iron pin sot;
THENCE N 70 deg. 52 min. 33 sec. E, 416.66 feet to an iron pin set;
THENCE N 19 deg. 07 min. 27 sec. W, 374.30 feet to an iron pin set;
THENCE N 71 deg. 57 min. 01 sec. E, 200.00 feet to an iron pin set;
THENCE S 19 deg. 07 min. 27 sec. E, 724.30 feet to an iron pin set;
THENCE along the fenced South line of the Charlie Thomas property, S 71 deg. 13 min. 29 sec.
W, 616.64 feet to the Point of Beginning.
Page 7 of 10
EXHIBIT B
Survey
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Page 9 of 10
J Petitioned for ETj Removal
GFORGETOWN
Abilene Strategic Inv, LLC 6.7AC
9'4 ,' c�o4
i;�, ,a 41
2411
(2338)
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a
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4'1iy �� p
GK249
® Property
=_ Georgetown ETJ
rose n j City limits o 5� Io
US Feet
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