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HomeMy WebLinkAboutRES 091024-5.G - ETJ Disannexation - Abilene Strategic, 3 acresRESOLUTION NO. OOI W 2 4 —Jr. LJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 3.609 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 3.609-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.�a102y -S. GI Release of Petition Area — Abilene Strategic 3 AC PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the dayof 1C , 2024. CI1 By: Jos] ATTEST: By: Robyn Dens ore, City Secretary APPROVED AS TO FORM: By: Skye Mass n, Cit Attorney Page 12 Resolution No. Release of Petition Area — Abilene Strategic 3 AC Exhibit A Petition Resolution No. iq I b;Zq -5. (I Release of Petition Area PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GEORGTOWN 14 August _, 2024 Peddoner: Abilene Strategic Investments, LLC, a Texas limited liability company Mailing Address: 4500 1Villiams Dr. Ste 212 Georgetown, Texas 78633-1329 Disannexadon Areas Requested: Being 3.609 acres, more or less, out of the C.H. DELANEY SURVEY ABSTRACT NO. 181, in 1V11hamson County, Texas, being all of those tracts of land described as Tracts I and A in a deed to Rollen R. Ford and Lorl L. ford, recorded in Doc. No 200500446, Official Records of Williamson County Texas; said 3.609 acres being more particularly described in a (iced to the property recorded in Document No. 2023102373, 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: R494172; 11504 RR 2338, 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: courtricyancwhorter@sprouselaw.com Telephone: 512.615.6650 This Petition for release, pursuant to Subchapter D of Senate Bill No. 2038 applies for the reasons: No military base is located Nvithin five miles of the Property (Sec. 42.101 (1)); see 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 grew by less than 50 percent from the 2010 census to the 2020 census. In fact, according to the US Census websitc, the population of Williamson County only increased by 44.08% from the 2010 to the 2020 census. The following data was acquired from the UAS census website: https://w%%%v.census.go%,/qu ickfacts/tact/table/wi lliamsoncountytexas/PSTO45223; Sec. 42.101(3) exclusion does not apply since the City of Georgetown's (the "City") population is less than 1.4 million, and Williamson County's population is less than 2 million; Page I of 10 The exclusion of See. 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 Sec. 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 ID No. R494172, 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 See. 42.104 (d)(1). This Petition is signed and notarized by the Petitioner as the sole owner of the referenced Property and is delivered to the City Secretary's office at 908 Martin Luther King Jr St. Georgetown, Texas 78626. As required under Sec. 42.105, the City must notify the Petitioner of the results of' tile Petition. Petitioner respectfully requests that the City of Georgetown immediately release the Property from the City's ETJ. [Signature Page Follows] Page 2of10 Petitioner: Abilene Strategic Investments, LLC, a 'Texas limited liability company GArdl baIca MArfiK&v By' Carol Martinez, Managing Member 109 Deck Dr, Georgetown, Texas 78633 DOB: - Date Signed: Miyur l Arat v&AD Mar lh&7- By: Miguel Martinez, Managing Member 109 Deck Dr, Georgetown, Texas 78633 DOB: - Date Signed: 08/14/2024 h STATE OF f9kM Florida § Notarized remotely online using communication technology via Proof. COUNTY OF Duval § Sworn to and subscribed before me on the 14th(lay of August 2024, by Carol Martinez, Managing Member of Abilene Strategic Investments, LLC, a Texas limited liability company, on behalf of said limited liability company. �oA'gv.P"j'k ABDULRAHMANSARDANI = n _ Notary Public - State of Florida ��'�"- "'�'""^�✓'�- �,9n"�"'"' A S �fy/f/�yJJ}y��}}\}\�f71. Commission# HH382251 Florida �o'�,yQp .` Expires on April 3, 2027 Notary Public, State of Tkgi, I ,o STATE OFNPt)N§ Florida COUNTY OF Duval Sworn to and subscribed before me on the 14th day of August 2024, by Miguel Martinez, Managing Member of Abilene Strategic Investments, LLC, a Texas limited liability company, on behalf of said limited liability company. ,'a pv o�u�/rid ABDULRAHMAN SARDANI Notary Public - State of Florida �, Qf Commission # HH 382251 G �p OPT Expires on April 3, 2027 Notary Public, State ofMU U ID produced:jRIVER LICENSE Florida Page 3 of 14 Notarized remotely online using communication technology via Proof. EXHIBIT A Deed with Legal Description This Instrument was prepared by: Carol Martinez 4500 Williams DrSte 212 Georgetown, TX, 78633 Once recorded, return to: Abilene Strategic Investments, LLC 4600 Williams Or ale 212 Georgetown, TX, 78633 ELECTRONICALLY RECORDED 2023102373 Williamson County, Texas Total Pages: 6 This Document is being recorded to correct Document # 2023087789 W. 5e8c0 to Rrce'd9e. uco On!,. 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 Wllllame Dr -Ste 212, Georg_elownLTX.78633 (the "Grantor" or 'Grantors"), does/do hereby grant, bargain, and sell, and convey and confirm to Abllene Sirategle Investments, LLC elan Texas Limited Uami,ry Company with an address of 4500 Williams Or Ste 212, Georgetown, TX. 78633 (the "Grantee" or Grantees') Its successors and assigns the following-descdbed real property, lying, being and situated in Williamson County, Texas, to wit: u.c � u..a.. "e. a �r a r.u.onrw c tt ott�w.ratxn'crnearx.cr No • t'. r, �': � ,�, c,..r,. iu.t we. NtlIIerrtlttltraaga.a uTraNt W.n.Otgtlllo�wt0.lW u�W�loy. ntaOMnaz :oaautraa`%.t�aarota<tmcw,n.ru.r.tu�ta.a.teuo.e. at�w�„�».wco..;, ve.nw•.-.wm rwwaw..r++n.a mt a.a e. ru.m..ae.et°�i�riwrr. oe.atuet.,., rnM�t/fryygo.r.'cw. o.•.00sx.» Tor)wt«tre,a�raa,r,rro:ai�JAnrnt,.. v:Ta �t.'v+rwa.-.,, G"rd,VO. aipiv�m trN.v'er,f+MOnr,t1M>m14a.fb�i0i aW0 ni'iaF�nt NritmrMwNMrr�..M M wtH C.Yd ri"te,Y. Gwt N'bttil4l�.V6•n b.tffV COT.ttHCM! �,•t�Cs.CN aM6 Wlv Tax Parcel ID Number R494172 The property identified herein ❑ is c)R. 21 Is not registered as the homestead of the Grantor(s). Until amended, tax Information shall be sent to: Name:Abllene Strategic Innalments, LLC Address: 600 Willtamc Or Ste 212, Georgelown, TX 78633 © go-1- l E; 1V• a 4\iEb TYW-- OP-t 61 N'pd 5 Pagel of 4 (7RaocjTtt" TITLE - Page 4 of 10 2023102373 Page 2 of a SUBJECT TO: easements, restrictions, reservations, and other agreements and matters of record, If any. TO HAVE AND TO HOLD the promises aforesaid, r.;;!i all and singular die rights, privileges, appurtenances and Immunities thereto belonging unto the ,aid Grantee and Its successors 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 premises and may convey the same, and 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 reel property taxes for the year 2024 and thereafter. IN WITNESS WHEREOF, the Grantor(s) hasthave duly executed this Instrument as of the day and year written hereunder. Grantor Signature: _ Date: Printed Name; migue, ery ez Grantor Signature: 13 2Dz� Printed Name; d Page 2 of 4 Page 5 of 10 2023102373 Page 3 or 5 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certlflcate verllles only the Identity of the Individual who slaned the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Texas County of Vl/ I I 1 Gt M f O n On 1 2— 1 3— Z o Z 3 before me, C g 5 k ao hn S personally appeared 1060i;l. A -H WAI Jr7_, 0"OL B. IAAR„ W EZ , who proved to me on the basks of satisfactory evidence to bathe person(s) whose name(s) It ea subscribed to the within Instrument and acknowledged to me that he/sh f e xecuted the same In his/her 0tf thorized capaclty(lcs), and that by his/hero! Ignmure(s) on the Instrument the person(s), or the entity upon behalf of which 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. CASH JOHNSON ^ `,� Notary to p1342ES579 Signature My Cemmisslen Expires� �4 a. March 22, 2027 Printed Name 6-11S k T011150,11 My Commission Expires 0 3 —2 Z— Z d Z/-7 (Seal) & Page 3 of 4 Page 6 of 10 2023102373 Page 4 of 5 Exhibit A FIELD NOTE DESCRIPTION FOR TRACT, A 3.609 ACRE TRACE OF LAND: BEING A TRACT OR PARCEL OF LAND SITUATED IN WQLIAMSON COUNTY, TEXAS, AND BEING OUr OF AND A PART OF THE CIL DELANEY SURVEY, ABSTRACT NO. 181, AND BEING ALL OF THOSE TRACTS OF LAND DESCRIBED AS TRACTS I AND A IN A DEED TO ROLLEN R. FORD AND LORI L. FORD RECORDED IN DOCUMENT NO. 2005004466, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an iron rod found on the northeast right-of-way line of Ranch Road 2338, for the west comer of a tract of land conveyed to Cuong Vaal Nguyen In a deed recorded In Document No. 2018038816, OfEclal Public Records, Williamson County, Texas, and for the south comer of Tract A and the south comer and POINT OF BEGINNING of the herein described tract; THENCE on the northeast right-of-way line of Ranch Raid 2338 and southwest line of this tract and North 18058'40" Nest, a distance of 91.86 feet to as iron rod found for the west comer of Tract A and the south comer of Tract I; THENCE continuing with the northeast right-ofway lino of Ranch Road 2338 and the southwest line of this tract and Tract I the following two calls: 1. North 18°08'39" West, a distance of 30A4 feet to an iron rod found; 2. North lg°57103" West, a disttmee of 234.16 feet to an Iron rod fbund at the intersection of RanchRoad 2338 and Bar T Drive; THENCE with the northwest line of this tract and the southeast intersection of Ranch Road 2338 and Bar T Drive along a curve to the right with a chord bearing of North 26°29'59" East, a chord distance of 35.73 feet, a radius of 25.00 feet and an are length of 35.73 fee; THENCE with the northwest line of this trct and Tr ct I and tite southeast right -of --way Vne ofilar T Drive North 72102'15" Ens!, a riktance of294.59 frrt to err Iron rod found for the east comer of Tract and the northwest comer of Tract A; THENCE continuing with the southeast rigbWf--way line of Bar T Drive and the northwest line of this tract and Tract A North 72'01'44" East, a distance of 95.78 feet to an iron rod found for the north comer of this tract and Tract A; THENCE with the northeast line of this tract and Tract A and the southwest line of the Nguyen tract South 19°02'22" East, a distance of 374.26 feet to an iron rod found for the east comer of this tract and Tract A; THENCE with the southwest line of this tract nndthe northwest line ofsaidNguyen tract South 70°58'25" Nat, a distance of 416.74 feet to the POINT OF BEGINNING. containing 3.609 acres of land, more or less. Page 7 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023102373 Pages: 5 Fee: $38.00 12/14/2023 11:08 AM DLAM Nancy E. Rister, County Clerk Williamson County,Texas 2023102373 Page 5 of 5 Page 8 of 10 EXHIBIT B Survey iOPOGl1PNIC •umm PM I%uW A. W.I—• ftd a IYrtltta 703N Amw / at a l0 AYY Ooe:Y1Yn1 M> 1llt p1u fa 7.Aatx Decvxxrt Mu 10t ta/6n; >I6uhA1na•la •Mary, AllatrrlNa 1H r C Nam ou*.7.— r m m m A. •M T d1AE , R .waa t ja Mt YHU •�al�aM ,� 1 . r'mr'Y'taaan'C['rnriiar 1 ,� Oalgrlapi�11 •g � rN,jl!rp� r�' �'k ,.r.... n..,w � s IR, ��••`,,;;_• w 1r'a: rl fi +s,i n w: ia. • ��� wilt'.: Ir•w1e l.•R ,� � �a1i11l�fafl �{ 7o7UAa.. wiP � t .Pa•I`�•VLL RRi MI M. # a ; ?-. p: tY x,rww rxa� ��a�wi�r � %� „1 _pair 4_ 1 � :.s-• c.v aay • �i � . vri, n.,• d � c..�n'tnaor arA twrl r • wo rr rrn Tf Nr rAl 1 i o 1 wC,M ara:a..axr+.r rw S.r .Ia a,.h,..a br m+th to maG � mr �� n,w.,wr i.wib aa.wa n:, �a rmr�d _:emu n rr+r rxa� "iy,r • aawwr .v.w.p w r+iwi•C 1✓ +Mlen .r.w..�`x mi, .w c �...y om. swim zo, sn xY� I I�rr� � al•.f tM •SY N F.— S— 1R • ra p C— 7 i Ppm P^n➢ lP ff pl7ona D1Y-Y�0-OYY7- ® JOY2 A h Sf. Ge-sp - 9 7bua o Jrery rnm 18P1S FIRM FJRM A4A IObOPOW 9 � wv^v ^^ by u. r.... mvd d o�t•mad ug�e... vd b•d L�.p� fir„ z ee.nn.o�te5/i5 yr a., 0 mod: a .dw � yaY 1rY w�ebd us (5rz1 ago - Page 9 of 10 EXHIBIT C Location Map 9 NX.1s'Shooling Academy 0slabla d' dA3 T Florence 9 ED 91 URIWaif Staccato Ranch 9 Of O ED E! Ow CHI dwe AnM 90 N) MAI ROO" Qu Ch Sun 4:4 55- T i Gull out Ab Op-tv Det.19 larRanch SUN CITY T I Grand EntfiqKe flotnot I The Cinvoru. 12-3 Stont. W1 P.m. RV Re.w4l 9 BERRYCREEK at 9 K(Owniv(smir 9 TetasPaft Somrads RV Pink Wwrtv llvl T ,not K"b-dg— Mvdft0'm4.0: T— Rw Page 10 of 10 Exhibit B Legal Description and Map Resolution No. Release of Petition Area 2023102373 Page 4 of 5 Exhibit A FIELD NOTE DESCRIPTION FOR TRACT, A 3.609 ACRE TRACT OF LAND: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE CIL DELANEY SURVEY, ABSTRACT NO. 181, AND BEING ALL OF THOSE TRACTS OF LAND DESCRIBED AS TRACTS I AND A IN A DEED TO ROLLEN R. FORD AND LORI L. FORD RECORDED IN DOCUMENT NO. 2005004466, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an Iron rod found on the northeast right-of-way line of Ranch Road 2338. for the west comer of a tract of land conveyed to Cuong Vanl Nguyen In a deed recorded In Doeumart No. 2019038816, Of0clal Public Records, Williamson County, Texas, and for the south comer of Tract A and the south comer and POINT OF BEGINNING ofthe herein described tract; THENCE on the northeast right-of-way line of Ranch Road 2338 and southwest line of this tract and North 18058'40" West, a distance of 91.86 feet to an iron rod found for the west comer of Tract A and the south comer of Tract I; THENCE continuing with the northeast right-of-way Una of Ranch Road 2338 and the southwest line of this tract and Tract I the following two calls: 1. North 18*08139" West, a distance of 30.44 feet to an iron rod found; 2. North 18057103" West, a distance of 234.16 feet to an Iron rod found at the intersection of Ranch Road 2338 and Bar T Drive; THENCE with the northwest line of this tract and the southeast Intersection of Ranch Road 2338 and Bar T Drive along a curve to the right with a chord bearing of North 26°29'59" East, a chord distance of 35.73 feet, a radius of 25.00 feet and an are length of 35.73 fee; THENCE with the northwest line of this tract and Tract I and the southeast right-of-way tine of Bar T Drive North 72002' 15" East, a distance of 294.59 feet to an iron rod found for the east comer of Tract and the northwest comer of Tract A; THENCE continuing with the sotdheast right-of-way line of Bar T Drive and the northwest line of Us tract and Tract A North 72001'44" Fast, a distance of 95.78 feet to an iron rod found for the north comer of this tract and Tract A; THENCE with the northeast fine of this tract and Tract A and the southwest line of the Nguyen tract South 19*02122" East, a distance of374.26 feet to an iron rod found for the east comer of this tract and Tract A; THENCE with the southwes- line of this tract rind the northwest line of said Nguyen tract South 70158'25" West, a distance of 416.74 feet to the POINT OF 13[OrNWW0, containing 3.609 acre, of land, more or less. Page 7 of 10 EXHIBIT B Survey TOPOOPLm lic MRMY FM N%mW A. Mae&. A O•W a M.rd- 1O.MA— n. M lM Apse Ooa—t w. Mf IOM it L /00. Aa.R ac„m..rt Nu 101 Miriff M.d I. tlr Gil OWnq G—W Ab.WM N. 1.1 wRm. raulM.T.aw " � iwsa •IV-' � • �fwoaww � f ; -aflnt'• s.. , 1� y la 1 1�I ewM . utlwi�+m i an •...2 s nibewY i. w..... ea'em sny k tl:. ti— u.a bk:. x.wl .... raw: rn•. fenu) a%�ww �rxn^ M IW � • an•raAviv.wrwrl<• w •M•.y 11.T R/ wT 1.,. R •nv.•r •w f�'. M a.wi kY• • Y lAJYfae w• 11• M • J f¢„r- 7a1.'atM� .Y4. I11�r t - R ari• � .v r f.•wr H�f'A�-. Rra NM.•r... .nhn.a .aliN m u. wa1P111-d 1 alma <w . e:. n W.ey Dole Ypis.,e 20. fall •k .aY1 i/ /� Y i Forcer SLrnitng R YaPP2ng r�uin!"wT 10(12 MA SL Ph(:anr6r _h.ras P:lo-D'oy J21 .+.. /Otasl,Y,o. m T11YLY iTlfY AO.!(�:G(7) •Yw•f fMY B.M. A fa• a .c.. -V. e.aN vv III b.teDeo ": . ww..• n•o< � aa..a .Mv =. - b a r^v •� us (elz) aw Page 9 of 10 Petitioned for ETJ Removal GFORGETOWN "' Abilene Strategic Inv, LLC 3.6AC i• ?"awk uie to t i0 Gk Z p9 ® Property Georgetown ETJ 1032 ff __; City limits 249 o Soo 1,000 IMMMM-� US Feet