Loading...
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,: Y, on Expb¢s on A;•ni 3. X:? f ry�i�fgll�dl ID produced: DRIVER LICENSE NOtary bllc, Slate of ""�ati Florida 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: $38,00 12/14/2023 11:08 AM DLAM J R. Nancy E. Rister, County Clerk Williamson County,Texas 2023402374 Page 6 of 6 Page 8 of 10 EXHIBIT B Survey lovo lw"m Yton wlaw A Irn}w • C.vw....d— I&=A— aft of Ltl Aar G•a.•aA 1167070377� • am.D.aaiaRNwi01N71SH WsW Y,tla QHO. &..Ah.tr.!w..1M MNWam cmlq,Mey iFr a• r-fir - .v..m •i .w.i' 4. - •- r.rv. ....- i . 1 I• 1 1�$�®9f?i<�i FE 9 1 1• �� � wr n n. wr..a.iee m w� en awrn aaKtw 1• _ t•a M,1�•i.�Mpin,.�r •w wn.L�iuwwnrxe• z_rcrr-^ z1 .. Kb V M!'.1. •." ��rJ•�n, t+ • OVYa/w .: ZI � rlrr[7 r<sw �a: • ;: wlaa o w• ..f.nf ywr X,-...r....... .vim r. x s_. l The unay.yn.d a_. M1.dr ..Ulr �M1el IFI. aumY �. mad. �°�ai.•�i.s� �w•My.r „.reww w�l.. mb w��_-_----�U • ,r'� r •� 0 ' • N Forest Serve & - Com YI- PPi°8 P°a7 Phone: 612-990-6027 `J[I 1002 Ash SL G—get.— 7.-s ,.m. reresvur ):ee cam TNP1S f7Rdf N0.J0002000 ttiti O.r. �~ � •� rra eeu/voac wN M M.-�r..rrwr e �•Me sMw. °. ,a.e ...r.. aao- , M.��, Page 9 of 10 EXHIBIT C Location Map u Texas Shooting Academy Palabra de vide Elerna ',store is care Florence Q r „o G7 Staccato Ranch Q }3l I.t �cr) 0 J Plumber. b Dad L tlmcater Ra11Q1' C C] A Academy. l i Andlca l_'7 a r 71;IIUIIIIY r�II�Y:: RV PJIk LI i i�..tlnlleQ � O .95 J 0 f,1wPhY IICQ 0 L'I (ram Palma "alit:h Q ® - C[� En SUN CITY 1- n: fret LYnbb 55• s•J. rn+al 9(.owan fr ek Golf Club .l Rearm. Rldw, RV PalkQ Gtund Endeavut "Ati SUN CITY S d tlamw I Ttk Canycros Oak •`�. r. � Ranhw wUq B,a D L!J O lit glIPelolV Estale Rlo 0gnun Cabin and Tolou Park Tl Jelwud i� Y ng Serena[ RV Part otatwV INII P,eSMIo ° eg t 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 ,OPOGRA.MwWiff F(, WjMwA.WWQ ACWdi M"M IUMA— ...dxwcm o«r0 as xw.Ae+w.I Ns 7nO,161e 2 @ff„ lbuW Y+tlrm Ddwq*.MAea.s Na7M r�.� ew+q.�. �— W f d•AT L � � ®ti _ M�ru.17 Liyi/.� . � ..t / � M, _ w.Gi.i1T' • .er ...a+. z...Nrotl • j rwn�:.w • ■ • � +uwArs � i .�_41Tt e - .:. ... ... .. � 3 ( M � ��w�i..�. ww n ur M.r m .wias m m� •. v.+.. A ! Yurn ! lY + C .aNaes isshs ,OO,P A.A �8f. C P.�+c � �y o a ly f PAonr O,Y- W vsu / .s1su crow v P\w> w •.... yr ti.+w N w. T81YJ /T$Y AT! IOOOPWO ur.�w rr... r.dkto _- a 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) ♦yi i '. cry in', . '17f 7� a w �a kkudP 1 n 15 L 4'1iy �� p GK249 ® Property =_ Georgetown ETJ rose n j City limits o 5� Io US Feet �L �o ..s