HomeMy WebLinkAboutRES 112624-5.H - ETJ Disannexation - Keister Properties LLC, 4.074 acres, 3001 Brangus RdRESOLUTION NO. l 1
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 4.074 ACRES OF LAND IN THE DAVID
WRIGHT SURVEY FROM THE CITY OF GEORGETOWN'S
EXTRATERRITORIAL JURISDICTION ("ETJ"}, SAID LAND
IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL
DISTRICT AS PARCEL R041131 AND BEING GENERALLY
LOCATED AT 3001 BRANGUS RD, GEORGETOWN, WILLIAMSON
COUNTY, TEXAS, RESULTING IN A REDUCTION OF
GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 18, 2024, the City of Georgetown, Texas, received a petition requesting
release from its ETJ of an approximately 4.074 acre tract of land in the David Wright 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 I 1
Resolution No. t 124 7-A
Release of Petition Area Keister Properties LLC
PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the
ayof 32024.
CITY OF EORGETOWN, TEXAS
By:
Josh` Shroeder, Mayor
y
ATTEST:
By
Robyn Dens ore, City Secretary
:APPROVED AS TO FORM:
By:
—g'
Skye Mas n, �CiA�ttomey���
Page's 2
Resolution No. it 14 ZR .
Release of Petition Area — Keister Properties LLC
City of Georgetown,
Please see Petition for the release and response to Letter slated 11 /7I24
received on 11/18/24 from the City of Georgetown. Also included documents requested
from letter.
Included Document
1. Petition of Release from Extraterritorial Jurisdiction Area by Landowner Pursuant
to Chapter 42.101 Subchapter D, Texas Local Government Code. Sinned, Dated
and includes DOB like Requested
2. General Warranty Deed
3. Written Action of Members Keister Properties LLC Dated 11 /18/24
4. Property Survey
5. Georgetown Planning Map showing property location in ET,J:
6. Letter from City of GT dated 11 t7t24 with items checked.
Thank you,
f,
Dave KLter
Date: 11 .E
STATE OF TEXAS §
COUNTY OF WILLIAMSON
PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION
AREA BY LANDOWNER PURSUANT TO CHAPTER 42.101 SUBCHAPTER D, TEXAS
LOCAL GOVERNMENT CODE
The undersigned Keister Properties, LLC (hereinafter, the "Petitioner) hereby petitions
the City of Georgetown, Williamson County, Texas (hereinafter, the "MunicipaU0e), to remove
the below -described property from the extraterritorial jurisdiction (the "ETY) boundaries of the
Municipality as allowed by Texas Local Government Code §42.101, Subchapter D (the "Statute").
The property is commonly known as 3001 Brangus Road, Georgetown, Williamson
County, Texas (the "Property"), and is more particularly described in the General Warranty Deed.
A true and correct copy of the General Warranty Deed is attached hereto as Exhibit A and is
incorporated herein by reference for all purposes:
I. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY
The Property is not 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 42.004 or
(5) in an area subject to a strategic partnership agreement entered into under Section
43.0751.
H. PETITION REQUIREMENTS
The petition requesting release under the Statute must be signed by 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 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, must satisfy the
signature requirements under S.B. 2038, and must include a map of the land to be released and
describe the boundaries of the land by metes and bounds or lot and block number, if there is a
recorded map or plat. Petitioner has satisfied the requirements.
Petitioner requests that the Municipality shall immediately release the area from the
Municipality's extraterritorial jurisdiction.
III. MUNICIPALITY'S ACTIONS ONCE PETITION IS FILED
The municipal secretary or other person responsible for verifying signatures shall verify
the petition and notify the residents and landowners of the area, described- within the petition, of
the results of the petition.
If resident or landowner obtains the number of signatures on the petition as required under
Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from
the municipality's extraterritorial jurisdiction.
IV. NICIPALITY''S FAILURE TO TAKE ACTION
If the Municipality fails to take action to release the Property by the later of the 45t" day
after the date the Municipality received the petition or the next meeting of the Municipality's
governing body that occurs after the 30th day after the date the Municipality received the petition,
the Property is released by operation of law.
Respectfully submitted,
Keister Properties, L
r
Tate:
By. DaviA L K sister I _
Title: Managing ember/Owner
TOB
PETITIONER
ELECTRONICALLY RECORDED 2023076890
Williamson County, Texas Total Pages: 4
AUSTIN TITLE COMPANY
GF#
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKEANYOR ALL OF THE FOLLOWING MMMATION 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.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
DATE: September 2023
GRANTOR: Donald Wayne Sherwood .. r
GRANTOR'S ADDRESS: 1 / G0 ;0 w'� r 4pr /
GRANTEE: ' Keister Properties, LLC
GRANTEE'S ADDRESS«
CONSIDERATION TEN DOLL (10.00) cash and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged' by Grantor.
REAL PROPERTY
(INCLUDING ANY 1MPROVEMENTS)
[THE "PROPERTY" HEREIN]: That certain real property being more particularly described in
rlhibit;"A" attached hereto and incorporated herein.
RE ERVATtoNS FRom CMM—Ng cS'' WARRANTYi
None:
EGEPTIQIts TO CoSVEYANGE&WARRANTY:
Those matters permitted`by the:purehase and sale agreement between Grantor (as seller) and. Grantee
(as buyer) regarding tht property, but only to the extent those matters are applicable to the Property.
AD VALOREM TAXIS:
Ad valorem taxes.Ior the Property for the current year having been prorated between Grantor and
Grantee, payment'thereofisassumed by Grantee.
GENERAL WARRA14TY OtED 3
2023076890 Page 2 of 4 ;
Grantor, for the consideration and subject to the Reservations From Conveyance and Warranty and
Exceptions to Conveyance and Warranty set forth above, GRANTS, SELLS, and CONVEYS to
Grantee the Property, together with all and singular the rights and appurtenances tine in anywise
belonging,- TO "HAVE > AND HOLD it to Grantee, Grantee's -hears, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors,'adtrauisatbrs,
successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property to
Grantee and Grantee's heirs, executors, adanimstrators, successors, and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereot except as -to the Reservations
From Conveyance and Warranty and Exceptions to Conveyance and Warranty so forth above
'T ms»
When the context requires, singular nouns and pronouns include the plural; and masculine fortes
include the feminine.
GRANTOR;
Donald Wayne Sherwood
N( IA_gY ACKNOM.l�.PQ1,4ENT
STATE 4F TEXAS §
COUNTY OF
This instrument was acknowledged before me on September 2023, by Donald Wayne
Sherwood.
uILYwpt sw�
Notwy of � i32f 103 womNotary Pu i and for the State of Texas
'x AUGUST 14 2026
GEWRAL WAMANn DEED 2
GENERAL WARRANTY Dzn 3
20VIW6690 Page 3 04
Gr. ATAW1n13A2V0&ZA
EXHIBIT A
4.074 ACRES OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 IN WIWAMSON
COUNTY, TEXAS, BEING A PORTION OF THE 6.076 ACRE TRACT RECORDED IN VOLUME 628; PAGE 246
IN THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
Beginning at an Iron rod found on the northerly right-of-way of Brangus Road at the southeast Owner of a tixi
acre tract conveyed to Scott Gainer by instrument of record in Volume 2558, Page 216, for ihe`southwe t corner
and the Point of Beginning of the herein described tract;
Thence N 14 deg 07 min 17 sec E 291.17 feet to the northeast comer of the said 1.00 acre tract, being also on the
southerly line of a 5.69 acre tract conveyed to Davis Flores by instrument of record in Document No. 2000061579.
for the northwest comer of the herein described tract,
Thence S 74 deg 31 min 03 sec E 552.60 feet to the southeast comer of the said 6.69 acre tract, being also on the
westerly right-of-way of Airport Road, for the northeast comer of the herein described tract; -
Thence S 23 deg 56 min 47 sec W 417,99 feet to the northwest comer of the intersecting r"rght-of-ways of Airport
Road and Brangus Road, for the southeast comer of the herein described tract;
Thence with the northerly right-of-way of Brangus Road the following courses and distances:
N 54 deg 46 min 13 sec W 233.01 feet to the beginning of a curve to the left whose radius = 475.00 feet, tangents
= 64.58 feet, arc=108.68 feet and whose chord bears N 61 deg 21 min 13- set W 108.44 feet and N 67 dwg 41
min 27 sec W 160.26 feet to the Point of Beginning, containing 4.074 acres of land, more or less
Note: The Company is prohibited from insuring the area or quantity of the land. Any statement in the legal
description contained in Schedule A as to area or quantity of.land is not.a representation that such area or quantity
is correct but is for informal identification purposes7and does not override Item 2 of Schedule B hereof.
EXHMITA-LEGAL XO!1
%XFA'FESC £whbtli leeiptwn 191*4Tj ..*.
20230716090 Page 4 of 4
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS :° u
2023076890
M„
Pages:4 Fee: $34.00 "
09/1 12023 01:58 PM }
OSALI NAS
..n
Nancy E. Rister, County CIe7lt
Williamson Countyje ,(a$ ~ :'
a
t'
Y
h
WRITTEN ACTION OF MEMBERS OF
Keister Properties, LLC
A Texas Limited Liability Company
1. CONSENT OF ACTION
The undersigned, constituting the sole Member and Manager of the above -
referenced limited liability company, by this writing resolves to take the following
actions, to adopt the following resolutions and to transact the following business of
Keister Properties, LLC ("the Company")
2. MEMBERS AND MANAGEMENT
RESOLVED, that the Member hereby acknowledges the following membership
interests in the Company:
David Keister—100°r'o
3. RESOLUTIONS AND RATIFICATION
RESOLVED, that the Member hereby adopts and ratifies as its own act and deed
each and every action taken by said Member relative to the organization of this Company.
FURTHER RESOLVED, that the Member and Manager hereby authorize, ratfiy
and approve the acts taken by the Members, individually, by meeting or otherwise
performed on behalf of the Company. Includes the release of property 3001 Brangus
Parcel R041131 4.074 acre tract from the City of Georgetown ETJ.
The undersigned, David Keister, constituting the sole member and Manager of the
Company, does hereby acknowledge the foregoing written actions.
DATER: e'
- David L K in— re
ter
Technical Illustration of Land Survey Data
4.074 ACRES OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 IN WILLIAMSON
0 50 100 COUNTY, TEXAS, BEING A PORTION OF THE 6.076 ACRE TRACT RECORDED IN VOLUME 628, PAGE
246 IN THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
APPROXIMATE
SCALE IN FEET LEGEND
0 IRON ROD FOUND
e IRON PIPE FOUND
Dovid Flores * COTTON SPINDLE FOUND
R038671 0 IRON ROD TO BE SET
2000061579
5.69 Ac -
01
Scott GeIner 2,0/
R041133 Z
2558/215 4.074 Ac.
1.00 Ac.
628/246
/I f
6.076 Ac
R=475.00'
1 i50 T=54.58'
A= 1 o8. r,8,
C= 1108 44'
90,
4-
0
1438/585
1.02 Ac.
COMMENTS TO SCHEDULE 8
AS � �T�VE DATE. STED IN Ft NOJul, 17013242300474,
EFF y 203
CE IFIED TO: Alomo Title and Austin TitleII Ar
0 0 ROW
ROWER.
I P t— r Properties LLC Al to
SE
31 0 COMMENTS: 411
k/10. q.—L DO AFFECT TAIS AND ARE IN'
SHOWN HEREON, THIS IS T�HTMSCRIPTION, 5.099 Ac. 1*;
FOR BPANOUS ROAD.
THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS ASSOCIATION STANDARDS AND
soew
SPECIFICATIONS FOR A CATEGORY 1A, CONDITION 11, LAND TITLE SURVEY OF y Ofpmfeaknal
AS DESCRIBED IN THE MANUAL OF PRACTICE FOR LAND SURVEYING IN
THE STATE OF TEXAS, I+-
04 August 2023 MOOR
STEVEN W. WOMACK
--Steven Warner Womack, RPLS, PLS, NCEES Date 5025 DATE: 07-09-2023
National Council of Examiners for Engineering and Surveying #1928 S 5 DRAWN BY: Staff
Texas Registered Professional Land Surveyor #5025 sup, FILE NAME: 23-034.dwg
North Carolina Professional Land Surveyor #L-5043 PROJECT. NO. : 23-034
E—Mail. ELatip QMoil. cgrn Phone/Text. (512) 638-0220
2023076890 Page 3 of 4
OF* ArA-34.17013*23004T<
EXHIBIT A
4.074 ACRES OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT 'NO. 13 IN WIL LIAMSON
COUNTY, TEXAS, BEING A PORTION OF THE 6.076 ACRE TRACT RECORDED IN VOLUME 628', PAGE 246
IN THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTtCtlLAt2l.Y ,;
DESCRIBED AS FOLLOWS:
Beginning at an iron rod found on the northerly right-of-way of Brangus Road at the southeast Darner oi'a ht.00
acre tract conveyed to Scott Gainer by instrument of record in Volume 2558, Page 216. for thiiouthwail corner
and the Point of Beginning of the herein described tract,
Thence N 14 deg 07 min 17 sec E 291.17 feet to the northeast comer of the said 1.00`* +.being also on the
southerly line of a 5.69 acre tract conveyed to Davis Flores by instrument of record in Docurrient No. 2000061579.
for the northwest comer of the herein described tract;
Thence S 74 deg 31 min 033 sec E 552.50 feet to the southeast comer of the said 5.69 acre tract, being also on the
westerly right-of-way of Airport Road, for the northeast comer of the herein described tract;'
Thence S 23 deg 56 min 47 sec W 417:99 feet to the northwest comer of the irate 'ng right-o%ways of Airport
Road and Brangus Road, for the southeast calmer of the herein described tract;.'
Thence with the northerly right-of-way of Brangus Road the following courses and distances.
N 54 deg 48 min 13 sec W 233.01 feet to the beginning of a curve to the left whose radius = 475.00 feet, tangents
54.58 feet, arc = 10868 feet and whose chord bears N 61 deg 21 min 13,sedW 108.44 feet and N 67 dwg 41
min 27 sec W 160.26 feet to the Point of Beginning, containing 4.074 acres of land, more or less
Note` The Company is prohibited from insuring the area or quantity of,the Land. Any statement in the legal
description contained in Schedule A as to area or quantity of land is, nr fi representation that such area or quantity
is correct but for informal identification "purposes and does riot override Item 2 of Schedule B hereof.
EkHIBiTA-t.EGN.Cf� OY `
wrNewchnical Illustration of Land Survey Data
4.074 ACRES OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO, 13 IN WILLIAMSON
0 50 100 COUNTY, TEXAS,- BEING 'A PORTION OF THE 6.076 ACRE TRACT RECORDED IN VOLUME 628, PAGE
rrirrwwwl 246 IN THE DEED RECORDS OF WILLIAMSON COUNTY, "TEXAS,
APPROXIMATE
SCALE IN FEET LEGEND
a IRON ROD FOUND
* IRON PIPE FOUND
`'- [tii 1Car5 * COTTON SPINDLE FOUND
R03871 0IRON ROD TO BE SET
2000061579
5.69 Ac.
i f
Scott Getner
c7 v .ii
R?411 -`
;
2558/215 C7 4.074 Ac.
1.00 Ac
246
i 07 A .
Ar
70 T=54.58'
' A=108, 68'
C=1 8. 0)
XO
f" 3! t t
U ,,<0
t I
t
1.02 Ac
COMME TS TO SCHEDULE B
AS ST TED IN GF No. 1701342300474,
�e`t •ifi
EFFE
DATE: 11 July 2023
C FWE TO: Alamo Title and Austin Title k
1,t
BO ROWER: lira
IN :.- sister Properties LLC x {
COMMENTS. ~- 1105/ 411
10. g.—L DO AFFECT T rT CT AND AREAC J e r
SHOWN
RA GUHEREON. HI I5 TH CRI�PfEON5.099 ! �f
THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS ASSOCIATION STANDARDS AND Tww
SPECIFICATIONS FOR A CATEGORY 1A, CONDITION II, LAND TITLE SURVEY Soddy of
AS -DESCRIBED IN THE MANUAL OF PRACTICE FOR LAND SURVEYING IN .« "�"
.r* "t S T E
THE STATE OF TEXAS. ,,,
04 August 2023 * T WQM "'
Steven Warner Womack, RPLS, PLS, NCEES Date f"� � �1 5
DATE: 07-09-2023
National Council of Examiners for Engineering and Surveying #1928 / ESS1 +*" DRAWN BY: Staff
Texas Registered Professional Land Surveyor 5025 t SP,�� FILE NAME: 23-034.dwg
North Carolina Professional Land Surveyor L-5043 PROJECT. NO. 23-034
E—Mail. SWREPUMM' 0 (.co Phone/Text: (512) 638-0220
Petitioned for E J Removal
cEJEO < H rover,
KEISTER PROPERTIES LLC
Property
Georgetown,ETJ
Soo 1,000
City limits °.
S Peet