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HomeMy WebLinkAboutRES 100824-5.C- ETJ Disannexation - Ahmad, 1 acre, South of Ronald reagan and West of SH195RESOLUTION NO. AN2`t -5• G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 1 ACRE OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED SOUTH 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 September 6, 2024, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 1-acre tract of land in the Lakewood Estates Section Two Subdivision (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 l6$ 2q - S •G Page I 1 Release of Petition Area — Ahmad PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the $ dayof ()CA0bQX , 2024. CITY OF GE"GETOWN, TEXAS By:_ Josh ATTEST: -'_7By: Robyn Densm e, City Secretary APPROVED AS TO FORM: By: Skye Ma on, C ty Attorney Resolution No. '00521A-5- L Page12 Release of Petition Area — Ahmad Aug 7, 2024 Skye Masson City of Georgetown, City Attorney 809 Martin Luther King, Jr. St. Georgetown, TX 78626 Delivery Via - Hand Delivered RECEIVED SEA Q 6 2024 CITY SEC Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Georgetown Dear Ms. Masson, 1. Mike Hemmat Ahmad ("Owner") files this Petition pursuant to TEX. LOC. GOWT CODE § 42.102. 2. Mike Hemmat Ahmad own(s) property within the extraterritorial jurisdiction of the City of Georgetown located at 5720 Williams Dr., Georgetown, TX 78633, PID #R043004. See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Georgetown to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOWT CODE § 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the extraterritorial jurisdiction if the owner's property in question meets the applicability requirements of TEX. LOC. GOWT CODE § 42.101 and the petition requirements of TEX. LOC. GOWT CODE § 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOWT CODE § 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX. LOC. GOV'T CODE § 42.101, the undersigned swears that the Property is not: (1) within five miles of the boundary of a military base, as defined by TEX. LOC. GOWT CODE § 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 fifteen miles of the boundary of a military base, as defined by TEX. LOC. GOWT CODE § 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 TEX. LOC. GOWT CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOWT CODE § 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOWT CODE § 42.104. 8. As required by TEX. LOC. GOWT CODE § 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Travis Central Appraisal District. 9. As required by TEX. LOC. GOWT CODE § 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX. LOC. GOWT CODE § 42.103, the signature is valid pursuant to TEX. ELEC. CODE § 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (iii)county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX. LOC. GOV'T CODE § 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. LOC. GOV'T CODE § 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. LOC. GOWT CODE § 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) meets and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. LOC. GOWT CODE § 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. 16. Pursuant to TEX. LOC. GOWT CODE § 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Georgetown, the City must immediately release the area —Owner's Property —from the City's extraterritorial jurisdiction. 17. Pursuant to TEX. LOC. GOWT CODE § 42.105(d), if the City fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day after the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area --Owner's Property —is released by operation of law. Landowner: Mike Hemmat Ahmad By: Mike Hemmat Ahmad Signature: _.,��M Date of Birth: Voter's Registration Number: Voter's County of Residence: Residence Address: 13006 Esplanade St. Austin, TX 78727 Date of signature: F I �-Z;;L�-{ ExHmrr A PROPERTY MAP AND DEED PROPERTY MAP: PROPERTY DETAILS: Property Status Active Property Type CS Legal Description S3970 - Lakewood Estates Sec 2, BLOCK 2, Lot 10, ACRES 1 Neighborhood G80SX - Other -west Georgetown Accounr R-20-6000-0001-0078J Related Properties P4541 1 S, P456359 Map Number 1-0905 Effective Acres - Owner Name HEMMAT, AHMAD MIKE Owner ID Exemptions Percent Ownership 100% Mailing Address 13006 ESPLANADE ST AUSTIN, TX 78727-3221 DEED HISTORY (CURRENT DEED ON FOLLOWING PtivES): DEED DATE SEUlER BUYER INSTR it 3/15/2004 WILLIAMSON, MARK A & HEMMAT, AHMAD MIKE 2004020160 THERESA M 1/14/2002 FREDRICKSON, BOBBY WILLIAMSON, MARK A & 2002004831 THERESA M 1/10/1996 ONEILL, PATRICK FREDRICKSON, BOBBY 9603134 L""-t U .7-r ' ' iIl�IrrIIIIIIIIIINIII�Y�llll�l�'"��IlVllrl DEED 2004020160 2 PGS WARRANTY DEED Date: March 15th 2004 Grantor: Mark A. Williamson and Theresa M. Grantor's Mailing Address: Mark A. Williamson and Theresa M. Williamson 5720 RR 2338 Georgetown, Texas 78528 Grantee: mad M. Hemmat Grantee's Mailing Address: M. Hemmat 0CYo E SIPIC AaAe R Consideration: Williamson, husband and wife TEN AND NO/l00 DOLLARS ($1 0- other good and valuable consideration paid to Grantor by Grantee. Property (including any impr t THE St S ONLY in and to Lot 10, Block 2, LAKEWOODS ESTATE WO, a subdivision in Williamson County, Texas, according to the or a thereof recorded in Cabinet E, Slides 19-20, Plat Records, W. Co�} y, Texas. ]Reservations (r�ekd'i*eptions to Conveyance and Warranty: Thi '�e is made, delivered and accepted subject to any and all validly existing easement , f- y, restrictions and prescriptive rights, whether of record or not; alI presently recorded val i y existing instruments, other than conveyances of the surface fee estate, that affect the P ayment of taxes assessed against the Property conveyed for the current year, and Z d oning laws, regulations and ordinances of municipal and/or other governmental he'es a ecting said Property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the ions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together RETURN TO t.. r GENERAL, WARRANTY Date: Executed on the date set forth in the day of January , 2002 Grantor: Bobby Fredrickson Gramor's Mailing Address: DEED WM L EN acknowledgement herein, b re, he the Fourteenth Grantee: Mark A. Williamson and wife, Theresa M. Grantee's Mailing Address: 106 Consideration: Tao DoUm ($10.00) and odwr good and vakuw paid trj Gmator try Granke end a now of even dolt M or pri�neipal aan®t of � Razelred and O(WIOO Doan — ($45.6t)O.00) amide by Grarne payable an Me order of U 8aat . • • herein. ae oW dazma far the amuM paid ao Grwvor. The noe is a= ed by a Ow n t bled in faYar of l.a er in Ibis deed and by a deed of tv w of twxa chm from Granax in S Property (including any improv The Sierfaoe Rigba I; subidivWM in wMiamom 194D of ttte Plat Rewfib 0) in Bock Two (2) of LlhWcods Estaia Socdm Tvo, s bDE to the neap or plat drreof reeordW to CabiiM E. Stidea 1 \ e described property also includes an and all of Grantor's right _ Y ,title, and/or Interest `\in any: d all system memberships and/or ownership certificates in any non -municipal water d/or sewer systems now or in the future serving said property. v' WARRANTY DEED Pine 1 of 3 ID k R►rM VENDOR'S LIEN U'W-ITD UIJ II� I��IIII II� �Ill�lil� '��jl DEED 20@402@160 III III I Ifl ��II 2 PGs Date: March 15th Grantor: Mark A WARRANTY DEED 2004 Williamson and Theresa M. Williamson, husband and wife' Grantor's Mailing Address: Mark A. Williamson and Theresa M. Williamson 5720 RR 2338 Georgetown, Texas 78628 Grantee: Al-rgd M. Hemmat Grantee's Mailing Address: M. Hemmat eS V 1cAACe v%,Tl( `-7$3 -/Z-T Consideration: TEN AND NO/100 DOLLARS ($1 Grantor by Grantee. Property (including any i other good and valuable consideration paid to THE SU S ONLY in and to Lot 10, Block 2, LAKEWOODS ESTATE WO, a subdivision in Williamson County, Texas, according to the or 6a thereof recorded in Cabinet E, Slides 19-20, Plat Records, �� Qn,Co4}Ry, Texas. Reservadoo cfrrguk)iQdT*ceptions to Conveyance and Warranty: Thi 4J' ce is made, delivered and accepted subject to any and all validly existing easement , Of-�4ay, restrictions and prescriptive rights, whether of record or not; all presently recorded d vali ly existing instruments, other than conveyances ofthe surface fee estate, that affect the P ayment of taxes assessed against the Property conveyed for the current year, and an �nd oning laws, regulations and ordinances of municipal and/or other governmental t��r,es fecting said Property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the ions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together ��, RETURN TO ZU02U04s31 3 P99 C V GENERAL WARRANTY DEED '9VTTH t3� LIEN Date: Executed on the date set forth in the acknowledgement herein, b t�� be a tive the Fourteenth day of January , 2002 \� Grantor: Bobby Fredrickson Grantor's Mailing Address: Grantee: Mark A. Williamson and wife, Theresa M. J \� Grantee's Mailing Address: 106 Rebecca` eo a owls, Consideration: i Ten DoWn ($10.00) and odic pod Sad vahubie paid to Grams by Grans a and a not of even daft m the prmW amama of Fv(ly"FivcTitli�dted a� 00'100 DaOus — ($43.600.00) made by GnTow payabie m 91e order of Uriiar� � Y65px�e Banc , 'f cruder' teethe, as couaidaatioo fur ebt amoaat paid m (hamr. The note is atwtred by a veaiio�`3 k- retained in favor of IcEr in this deed and by a deod of ftm of et m safe firm Gsmew to B. M Xert Property (including any improv ents) The &afact Rigbu na1ian wbi ivww in VV7fAMNO 19,20 of the Plat R,,W& Df (10) in Bloa Two (2) of Lake goods Hstatra SoAiva Two. a Com$ m the map Or plat d e"of reco lddOd in Cabinet B. Sbdes RETURNTO Li & , , The alto described property also includes any and all of Grantor's right, title, and/or interest �\\\in "y*d all system memberships and/or ownership certificates in any non -municipal water d/or sewer systems now or in the future serving said property. \ �' AL WARRANTY DEED Paae 1 of 3 [Doc ID 34.E WTM VENDOR'S INN 100414WTC 1 o064A / _R - DOC# 9603134 WARRANTY DEED WITH VENDOR'S LIEN Date: January 10 , 1996 Grantor: Patrick O'Neill and wife, Jeanine O'Neill Grantor's Mailing Address: Grantee: Bobby Fredrickson Grantee's Mailing Address: Consideration: 12109 Bell Ave. Austin, Texas 78727 Williamson County P.O. Box 1535 Georgetown, Te Williamson Cou 62 For and in consideration of the sum. f TER, D N0/100 DOLLARS ($10.00) and a first -lien note of eathat is in the principal amount of TWENTY-FIVE THOJWN ' EE HUNDRED SIXTY DOLLARS AND N01100 ($25,360.00) and isI xec �d by Grantee, payable to the order of UNION STATE BANK. The(c secured by the first and superior vendor's lien retained in�iu_s �eed in favor of UNION STATE BANK and by a deed of trust c�rfre�ye date from Grantee to B.M. BECK, Trustee. \S� Property (including any imp The surface rights irk`,and to 1,6t Ten (10) , Block 2, LAKEWOODS ESTATES, SECTION TWO, a ivisidn in Williamson County, Texas, according to the map or plat-,,o re rd in Cabinet E, Slides 19-20, Plat Records of Williamson Co "Texas. Reservations From and ptions to Conveyance and Warranty: Easements, rights=a�� and prescriptive rights, whether of record or not; all pFes t recorded restrictions, reservations, covenants, condition 1) 'd gas leases, mineral severances, and other instruments, o an liens and conveyances, that affect the property; rig s0 joining owners in any walls and fences situated on a czm7on boundary; any discrepancies, conflicts or shortages in ea ,ter boundary lines; any encroachments or overlappin of pro �ments, and taxes for 1996, the payment of which Grant/ a // G ar\\fi , �or,t�ie consideration and subject to the reservations from anlcep o_ps to conveyance and warranty, grants, sells, and conveys t,c>.Grntee the property, together with all and singular the OFFICIAL RECORDS 1 0) WILLIAMSON COUNTY, TEXAS C 3 # 9 134 ages. 1-22-1996 10:20:19 A.M. B Recorded in a2 Records ;ly LIAMSON County, TX. BIZZELL CLERK C. $ 11.00 2 CV/- r EXHIBIT B AFFIDAVIT OF MIKE HEMMAT AHMAD IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GEORGETOWN Before me, the undersigned authority, on this day personally appeared, Mike Hemmat Ahmad, who under oath stated as follows: 1. My name is Mike Hemmat Ahmad. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. As the Landowner of 5720 Williams Dr., Georgetown, TX 78633, I am authorized to submit this Petition on its behalf. 3. Mike Hemmat Ahmad is a property owner in the extraterritorial jurisdiction of the City of Georgetown. Its property is located at the following address: 5720 Williams Dr., Georgetown, TX 78633, PID #11043004) (the "Property"). 4. There is one owner of the Property: Mike Hemmat Ahmad owns 100% of the interest in the Property. 5. I swear that the Property is not: (1) within five miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code § 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 Tex. Loc. Gov't Code § 43.0117, at which art active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code § 43.0751. 6. I swear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of which I signed such petition. 7. I swear that I satisfied the signature requirement of Tex. Loc. Gov't Code § 42.104(b) within 180 days following the date ff.- first signature for the petition was obtained. By: Mike Hemmat Ahmad — /—YA- , Signature State of -T�5 _ County of �.AH�J�►'V -50tJ T 0 <6/—/ 4o — 2,d4— Date Sworn and subscribed to before me on this the I (D day of AUC1i� , 2024 by proved to me on the basis of satisfactory evidence to be the person(s) who app bef me. BENEDK T BONNER FOWLES ;�?•' =: Notary Pu lic Sig My No ary ID # 134499050 Expii es August 9, 2027 ExHisrr A PROPERTY X" AND DEED PROPERTY MAP: PROPERTY DETAILS: Property Status Active Property Type CS Legal Description 53970 - Lakewood Estates Sec 2, BLOCK 2, Lot 10, ACRES 1 Neighborhood G80SX - Other -west Georgetown Account R-20-6000-0001-0078) Related Properties P45411S, P4S6359 Map Number 1-090S Effective Acres - Owner Name HEMMAT, AHMAD MIKE Owner ID Exemptions Percent Ownership 100% Mailing Address 13006 ESPLANADE ST AUSTIN. TX 78727-3221 U4 U ��v�� IIIp��IifIIIII II� illlllltll ' ,'��I DEED 2004020160 2 PGS WARRANTY DEED Date: March 15t1 , 2004 Grantor: Mark A. Williamson and Theresa M. Grantor's Mailing ikddress: Mark A. Williamson and T Teresa M. Williamson 57201tR 2338 Georgetown, Texas 78628 Grantee: Alma M. Hemmat Grantee's Mailing Address: . M. Hemmat "0� e- 5 IQA0Ae S Consideration: Williamson, husband and wife TEN AND NG/100 DOLLARS ($1 tl:(1O-A# i"other good and valuable consideration paid to Grantor by Grantee. Property (including any impr S /m� t THE SUR S ONLY in and to Lot 10, Block 2, LAKEWOODS ESTATE WO, a subdivision in Williamson County, Texas, according to the :i� or � 1la thereof recorded in Cabinet E, Slides 19-20, Plat Records, iggir,Co � ky, Texas. (7, �,, �- `� � Reservation�c r �p'-� eptions to Conveyance and Warranty: Thi lekl�e is made, delivered and accepted subject to any and all validly existing easement , 1�ay, restrictions and prescriptive rights, whether of record or not; all presently recorded d vali ly existing instruments, other than conveyances of the surface fee estate, that affect the P�aymcnt of taxes assessed against the Property conveyed for the current year, and any-!�nd oning laws, regulations and ordinances of municipal and/or other governmental Guth i't�ies affecting said Property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the ons to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together RETURN TO ZVI rl�a, ancx t,tff�sr,I offv,h Petitioned ifor ETJ Removal I lemmat Ahmad 2338 ,ra,)t DI 'If= f n ur T R Jed\�,\Y1 A c Kv 3 5\a\4,t 10"z O� \F �a 942 ft loop \ \ ry L Q i P z O O +Q L r/S. =„27c :;ors/G Cn �`J� c• oV\��d����vut`� C^ F s A r�r Str Fountairwor.•I linear Fall. NN ® Property =1 Georgetown ETJ City limits A- \\ �e C✓ \ ^y \ C 81a An Wbo-