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