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Home My WebLink AboutORD 2025-02 - 6602 Jim Hogg Drive Annexation; initial zoning of C-3; 1.41 acresORDINANCE NO. 'I_0Z5 --D Z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS AND THE ANNEXATION AND INITIAL ZONING DESIGNATION OF GENERAL COMMERCIAL (C-3) OF CERTAIN TERRITORY CONSISTING OF 1.41 ACRES, MORE OR LESS, IN THE JOHN SUTHERLAND SURVEY ABSTRACT NO. 553, AND PORTIONS OF RIGHT-OF-WAY ON JIM HOGG DRIVE, AS DESCRIBED HEREIN; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the owners of the area proposed for annexation requested annexation of the area by the City of Georgetown ("City") pursuant to Local Government Code Section 43.0671; and WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the City; and WHEREAS, the City Council approved a Municipal Services Agreement with JDW Partners, LP for 1.41 acres on November 12, 2024; and WHEREAS, Section 4.03.010 of the City's Unified Development Code ("UDC") creates procedures for initial zoning of newly annexed territory; and WHEREAS, Section 12.46.160 of the City's Code of Ordinances provides that (i) for all annexations wherein the annexed property is ten acres or greater, the City shall update its land use assumptions and transportation impact fees based thereon in accordance with the procedures set forth in Chapter 395 of the Texas Local Government Code, to be completed in conjunction with the annexation process and prior to final acceptance of the annexed property into the corporate City limits; and (ii) for all annexations wherein the annexed property is less than ten acres, the City's Official Transportation Service Area Map shall be updated in conjunction with the annexation, but that such update will be for mapping purposes only and no updates to the transportation impact fee capital improvements plans or land use assumptions will be required; and WHEREAS, all prerequisites of state law and the City Charter have been complied with. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Ordinance Number: z5 —OZ Page 1 of 3 Description: 6602 Jim Hogg Drive Annexation Date Approved: January 28, 2025 Section 1. The meeting at which this ordinance was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. The City Council of the City of Georgetown hereby annexes into the City limits 1.92 acres in the John Sutherland Survey, Abstract 553, as shown in Exhibit A and as described in Exhibit B of this ordinance (the "Property"). The Property is hereby included in City Council District Three, as it is adjacent to Council District Three and no other City Council Districts. The City's official boundary map and City Council Districts map shall be amended accordingly. Section 4. The Property is hereby included in the transportation service area known as "Sun City." In accordance with Section 12.46.160 of the City's Code of Ordinances, and in view of the fact that the Property is less than ten acres, the City's Official Transportation Service Area Map shall be updated to reflect that the Property is in such transportation service area, provided that such update will be for mapping purposes only and no updates to the transportation impact fee capital improvements plans or land use assumptions will be required. Section 5. In accordance with the procedures for initial zoning of newly annexed territory described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City Council hereby finds that a zoning classification of General Commercial (C-3) is appropriate for the Property and consistent with the City's Comprehensive Plan, and upon annexation, the Property shall have a zoning of General Commercial (C-3). The City's Official Zoning Map shall be amended accordingly. Section 6. Upon annexation of the Property, the City shall provide to the Property the municipal services set forth in the Municipal Services Agreement attached to this ordinance as Exhibit C and by this reference incorporated within it (the "Agreement"), pursuant to the schedule set forth therein. The City shall have no obligation to provide services to the Property not listed in the Agreement. Section 7. All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 9. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect immediately in accordance with the provisions of the City Charter of the City of Georgetown. Ordinance Number: 20Z5 — OZ, Page 2 of 3 Description: 6602 Jim Hogg Drive Annexation Date Approved: January 28, 2025 PASSED AND APPROVED on First Reading on the 14th of January, 2025. PASSED AND APPROVED on Second Reading on the 28" of January 2025. ATTEST: 11-�d JAA4- I A A . Robyn De more, City Secretary APPROVED AS TO FORM: S ye Masson, City Attorney Ordinance Number: 2pts — bZ Page 3 of 3 Description: 6602 Jim Hogg Drive Annexation Date Approved: January 28, 2025 Exhibit A 1.41 ACRES, MORE OR LESS, OUI OF THE JOHN SUTHERLAND SURVEY, ABSTRACT NO. 553 IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF LOT B. BLOCK 2, LAKEWOOD ESTATES SECTION TWO, SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET E, SLIDES 19-20, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THAT SAME TRACT CONVEYED TO BOBBY FREDRICKSON, TRUSTEE OF THE BOBBY FREDRICKSON 1999 TRUST, BY DEED RECORDED IN DOCUMENT NO. 20120231327, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, ATTACHED. RESTRICTIVE COVENANTS: ONLY THOSE EASEMENTS AND THAT INFORMATION LISTED IN TITLE COMMITMENT GF N0. I13056B46, EFFECTIVE DATE OF JULY 9, 2016 AND RE{ISTED BELOW WERE CONSIDERED FOR THIS SURVEY: 8MPUG STORAGE Cb9 MI70N I ) THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD: - CABINET E. AIDES 19-20, V 596/P 594 (ND DOC. NO. 200SX2664 LONGER IN EFFECT), V.791/P-$19. V 1229/P 325, V.I097/P 114 AND A2010066654 (SUBJECT TO) LOT 7 U.P.R. W.O. 104 A Z0' ROAD WIDENING AND UTILITY EASEMENT ALONG THE PROPERTY LINES) ADJOINING FM 2338 - I' (N 57'IO' W 762.24') CABINET E, SLIOES 19-20 (SUBJECT TO) I( PLAT IOB) 20 FOOT EASEMENT ADJACENT TO THE STREET BOUNDARY LINE AND 10 FOOT EASEMENT ADJACENT TO THE SIDE BOUNDARY LINES FOR WATER, ELECTRIC, TELEPI IONS. GAS LINES AND OTHER UTILITY LINES BOTH OYIWNEAD AND UNPRACROUND, AND ANY ZRAIINGE SMY.LIS AND PIPES W4CH NOW EXIST OR MAY HEREAFTER a'CDNSTRUCTEO - V.791/P.SN, V 1229T 325 V I091IP.114 (SULRCT TO) IUD) ANNUAL ASSESSMENT LIEN FOR ROADWAY MAINTENANCE - V.791/P.519. V.1229/P. 325, V 16971P 114, V.I0 97/P.II5 (SUBJECT TO) ( COW.. OA IUD) CHANNEL EASEMENT TO THE STATE OF TEXAS - V. 416/P,687, PARTIALLY RELEASED BY N200605333G AND CORRECTED IN 0209B05111B AND TRANSFERRED TO WIUJAHSON COUNTY TEXAS IN N20000063]2 (SUBJECT TO) i aw- Aww- 100 EASEMENT TO CHMHOLM TRAIL WSC - V.1010/P.534, CONVEYED TO CHICHOLM TRAIL SPECIAL UTILITY DISTRICT BY V 2166/P.44 AND ASSIGNED TO THE CITY OF GEORGETOWN BY P2DIAD762D2 l (BLANXET) IOF) RIGHT OF WAY EASEMENTS TO CHISHOLM TRAIL WSC - V 930IR533 (INCORRECT NUMBER, CORRECT NUMBER IS V 93B/P 543), V 9381P_5") AND CONVEYED TO CHICHCLM TRAIL SPECIAL UTILITY DISTRICT l IB' AT11f1!"m BY V.21661P,LA AND ASSIGNED TO THE CITY OF GEORGETOWN BY N20IU76202 (BLANKET) I Cac PM- l0e) WATER LINE EASEMENT TO CHICHOLM TRAIL SPECIAL UTILITY DISTRICT- #2000009059 AND ASSIGNED TO THE CITY OF GEORGETOWN BY 52014016202 (SIANKET) COM.. OIM IOIU DRAINAGE EASEMENT FOR HIGHWAY PURPOSES TO THE STATE OF TEXAS - *M070BZ707. AMID TRANSFERRED TO WILLIAMSON COUNTY, TEXAS BY TRANSFER OF RIGH (SUBJECT Ta) T OF WAY BY N20000B5372 1Y�If awn hp� BUILDING SETBACK LINES NOTES I. 'NO RESIDENCE SHALL BE LOCATED NEARER THAN 100 FEET FROM STREET NO RESIDENCE SHALL BE LOCATED NEARER THAN 36 FEET FROM SIDE PROPERTY LINES." (V.791/P.519 AND V.I897/P.II8) 2. 'NO BUSINESS SHALL BE LOCATED NEARER THAN 75 FEET FROM ANDICE ROAD. NO BUSINESS SHALL BE LOCATED NEARER THAN 10 FEET FROM SIDE PROPERTY LINE.' -NO RESIDENCE SHALL BE LOCATED NEARER THAN 75 FEET FROM STREET. NO RESIDENCE SHALL BE LOCATED NEARER THAN 20 FEET FROM SIDE PROPERTY LINE.' (V.1229/P 325 AND V 1897/P 114) o � o 0 og3W W N O 2 Q 10 0 F.T. (+)0.3. Scale: 1" = 40' BEARINGS CITED HEREON BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 19B3/93, TEXAS CENTRAL 7ONE, CURVE TABLE NUMBER I DELTA RADIUS ARC I CHORD I IRECTION C1 1 1-13'23" 557.71' 1 14.04' 14.04' S 34'1 B'41" W RECORD CURVE TABLE NUMBER I DELTA RADIUSI ARC ICHORD1 DIRECTION C1 l'13'2l 657.71' 14.04' 14.04' IS 34'22'36" W — //2007OB2707 LINE TABLE NUMBER1 DIRECTION DISTANCE L1 IS 76'56'19" W 1 72.73' RECORD LINE TABLE NUMBER DIRECTION DISTANCE L7 S 77_00.14" W 1 72.73' FENCE TIES (FT) WITH A PLUS (+) SIGN INDICATE FENCE INSIDE THE PROPERTY LINE FENCE TIES (FT) WITH A MINUS I-) SIGN INDICATE FENCE OUTSIDE THE PROPERTY LINE 1 N DU M N O 1 N NO YMTIM PINK CAP STAMPED `T:S IVC.' FENCE M FENCE _44 A N ND C M AL N AlR CONDITIONER I♦ CLEANOUT - ELECTRIC CAS METER TELEPHONE WATER METER I 1 _ qN O. V14.V ry I n .V. CaK � HV LIL U ILI CONCRETE •.OK RIGHT-OF-WAY ANc OFFICIAL PUBLIC RECORDS OF \ TY 1 POINT OF BEGINNING 02007DB2707 L— _ OB NO: 180706 IRAWN: DID .C.: EW/WP U 101' 8 FROCK 2 I CYMC MET/ 4MYc. OP4l1V DII 3 m 1.0 AQn 111 h o AOR9Y `RfWAWV, TRUSTEE OF THE 7Y .9E11MI91C0). Tv1c MS Ilm N 3a 80MY IRIARTMON 1999 TRUST �n DOC: NA 3877 U M O.P.R.RW.C.W.C. cow 011 N U W +Of r mp 0 3 OOo 0 02� I7 �o QO n O (O h d i 20' P.U.E. ET 0 CTAF I — . PAVED ROAD - ASPHALT WILLIAMS DRIVE PAGE 2 OF 2 (a.k.a. RM 2338) (120R.O.W.) EXHIBIT TO ACCOMPANY FIELD NOTES CCRIITY TO- LONG^GRN TnU COVPA%T. INC. / BRW/ MQUANO WrC KAT4NAL TITLE MSURANCE COMPANY / THIS AREA DOES NOT APPEAR TO BE IN OF# 15056846 SPECIAL FLOOD HAZARD AREAS PER STATE OF TEXAS C FF.MKS FLOOD INSURANCE RATE MAP F KNOW ALL MEN BY THESE P.RCSEMIS §4d19100211M. OA= SEPT. 26. 2DOB. COUNTY MIL'-" , THIS STATEMD,7 IS NOT MADE IN UEU AN ELEVATON CER IFICATE. LINT SURVEYOR T LAND INC.. HAVE THIS CAUSED TO BE PERFORMED MY AN ON -THE -GROUND VIS SU?ANIC43. O. 111E FOSHMA TRACE OF AVID AND TO THE BEST OF KNOWLEDGE lES1 341RV[Y !"TOP PLAR f THE NN UT R N RL NO CO.V'.1CT5, SNOO AREA, ETiCR0AC1 T/TS FOILS OR ROADS M PLEBE ARE NO AND F PIACE, ANO THAT � Itl PROPERTY HAS /f.CC35 TO AND FROM�A+�EOICAhD RMONAY, FMFPT A5 SHOW HEREON. T SAO PROPER ROAD, Y._C �xas CanZ�Sunc>`nC. -A Land Surveying and Ge—cience Firm- HyE7j{(fllflSt.'RIDER 3613 Williams Drive, Suite 903 — Georgetown, Texas 78628 930-93B9 fax 5824 ' (512) 930-1600/(512) www.texcs—ls.com TBPLS FIRM NO.10056200 GEOSCIENCE FIRM NO.50538 /'• :tij IF THIS DCCUME NT DOES NOT CONTAIN THE RED STAMPED SEAL OF THE UNDERSIGNEU SURVEYOR, II IS AN UNAUTHORIZEDALLE GAL COPY. . WR the TEXAS -AND SURVEYING. INC. ASSUMES NU LIABILITY FROM THE USE OF ANY UNAUTM;RIZF.D/ILI FGAL DOCUMENT 3 - 1 B AD. EMAY 1 Of TOW LAAT RAWM L MC Tl AIRR1 YSEIwRl4t1IMI R l � M al�'r AAIWe M Al {SAY �� OtAMR IDMR i SR9AA �n ewr n. �wr e`eBP1 tl reldM tl wereFs eeN nr eAuru n4vAn�DY rrnr Anus tAs eYar �!W 4e ern tl N/ naw/nlv ✓ M AVA,EY. Exhibit A AV=ME BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED R!TEXAS CEWR ZONE/203.NORTHAAIEFJWDATUMINADIOF19MSG MR I.00014521M VMS AND IOU" CCSCNI010NWAS PREPARED BY SEPARATE DOWMENT Y OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE STS IMPLIED OR ESTABLISHED BY THE CREATION OR OF THE BOUNDARY OF THE POUTIM SUBDINSION FOR WHICH IT SCALE:1"=10' 0 5' 10, 15, 20' ANNEXATION EXHIBIT OF A 0.510 OF ONE ACRE TRACT OF LAND, LOCATED IN THE JOHN SUTHERLAND SURVEY, ABSTRACT NO.553 AND THE DANIEL MONROE SURVEY, ABSTRACT NO.450. WILLIAMSON COUNTY, TEXAS, AND BEING THE A PORTION OF JIM HOGG DRIVE, A 60' WIDE PUBLIC RIGHT-OF-WAY, AS DEPICTED ON THE LAKEWOOD ESTATES SECTION TWO SUBDIVISION PLAT OF RECORD IN CABINET E. SLIDES 19-20 OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS. CURVETABLE CHRVE RADIUS LENGTH DELTA CHOROBEAHRJG CHOROLENGTH C1 111 ]1' 155T IY�35' SB3'Og01'W 155T C2 BSI.it' 11 M' �'Ii22' NM'1g O6'E II M' ICIRI /11i1' 1<0.6S fIY3'3T N20'Og 30'E t10./t' IC2RJ fi5i 11' 1123' IY124' NS5'33'5B'E 1/2J' KWW*RC.IWI LAXEWOODESTATES SECTIONTWO OWNER: JDW PARTNERS LP DOCUMENTNO.2021092695 OFF. �CIAR OF = CAlIfD 0.02ACREB •N DOWMENT NO. MU21M OPT 0 k q"v./��Q,��j.('�A CMrIILAOE Tf,PR yak "CSC CPLLEoa1eTFW STATEOF TEXAS w DOCWIENT N0. 200T053202.QP.R sY �IOOVER I:.".Ys+rmirma ENGINEERING sEils a'r"`"IiriEAAuI""ww & SURVEYING iF4 TI�w w" ADDRESS: 6602 JIM HOGG DR. GEORGETOWN, TEXAS 78633 LOT' RNA,PLAT.BM HOG' MIME AL DOCIIMENTNO 20121M631. P.R LEGEND P.O.B. P.R. O.P.R. () I] O POINT OF BEGINNING PLAT RECORDS OFFICIAL PUBLIC RECORDS RECORD CALL PER DOCUMENT NO.2012104631, P.R. RECORD CALL PER CABINET E. SLIDE 19. P.R. FOUND V2' IRON ROD WITH A PINK "HAYNIE' PLASTIC CAP FOUND MAG NAIL FOUND TXDOT TYPE II MONUMENT (BRASS DISK IN CONCRETE) POINT 1[OORIm TRATICC901AL uN0 SIIRJEYDR TEXAS RE'ISTRATXIN N0.6528 Exhibit B FIELD NOTES JOB NO. 180706 DATE: AUGUST 6, 2018 PAGE 1 OF 2 Field Notes to accompany exhibit 1.41 ACRES 1.41 acres of land, more or less, out of the John Sutherland Survey, Abstract No. 553 in Williamson County, Texas, being a part of Lot 8, Block 2, Lakewood Estates Section Two, subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet E, Slides 19-20, Plat Records of Williamson County, Texas, and being that same tract conveyed to Bobby Fredrickson, trustee of the Bobby Fredrickson 1999 trust, by Deed recorded in Document No. 2012023827, Official Public Records Williamson County, Texas, as surveyed on the ground by Texas Land Surveying, Inc. On July 30`h, 2018, and further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with plastic pink cap stamped "TLS INC." set in the north line of Williams Drive (a.k.a. RM 2338), and common line of Lots 9 and 8 of said subdivision, marking the southeast corner of that tract conveyed to Quality Enterprises, Inc., by Deed recorded in Document No. 2007102968, of said Official Public Records, for the southwest corner of said Fredrickson tract and this tract; THENCE: N 30°18'52" E, 418.71 feet, to a 1/2" iron rod with no cap found in the south line of of that tract conveyed to BMPMG Storage Corporation, by Deed recorded in Document No. 2008042664, of said Official Public Records and in the south line of Lot 7 of said subdivision, marking the northeast corner of said Quality Enterprises, Inc. Tract, for the northwest corner of said Lot 8, said Fredrickson tract and this tract; THENCE: S 59'54'33" E, 161.93 feet, to a 1/2" iron rod with plastic pink cap stamped "TLS INC." set in the west line of Jim Hogg Drive, marking the southeast corner of said Lot 7 and BMPMG Storage Corporation tract, also marking the beginning of a curve to the right, for the northeast corner of said Lot 8, said Fredrickson tract and this tract; THENCE: 14.04 feet along a curve to the right, (r= 657.71, Ic= S 34°18'41" W, 14.04 feet) to a 1/2" iron rod with plastic pink cap stamped "TLS INC." set in the east line of said Lot 8, for an angle point in the west line of said Jim Hogg Drive; THENCE: S 33°35'53" W, 355.91 feet, to a 1/2" iron rod with plastic pink cap stamped "TLS INC." set in the intersection of the west line of said Jim Hogg Drive, and the north line of said Williams Drive, and in the east line of said Lot 8, for the southeast corner of said Fredrickson tract and this tract; THENCE: S 76°56'19" W, 72.73 feet, to a concrete monument found, for an angle point in the north line of said Williams Drive; THENCE: N 59*43*41" W, 87.70 feet with the north line of said Williams Drive, to the Point of Beginning. All Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone) NAD83(93). This survey may be in violation of State of Texas Local Government Code Chapter 232, County Regulation of Subdivisions. Texas Land Surveying, Inc. assumes NO liability of any kind for any misuse (illegal use) of this survey. Kenneth Louis Crider, R.P.L.S Texas Land Surveying, Inc. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 No. 5624 KENNETH IMMMIKS ....... ............ts 0 5624 f 9C�FESsIn?P.OQ \ y and SumEytnj, Snc, Suite 903 — Georgetown, Texas 78628 W-1600 www.texas-Is.com LS FIRM No. 10056200 [21DOOVER ENGINEERING & SURVEYING FIELD NOTES FOR A 0.510 OF ONE ACRE TRACT OF LAND A 0.510 of one acre tract of land, located in the John Sutherland Survey, Abstract No. 553 and the Daniel Monroe Survey, Abstract No. 450, Williamson County, Texas, and being the a portion of Jim Hogg Drive, a 60' wide public right-of-way, as depicted on the Lakewood Estates Section Two Subdivision Plat of record in Cabinet E, Slides 19-20 of the Plat Records of Williamson County, Texas. Said 0.510 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found Texas Department of Transportation (TxDOT) Right -of -Way Monument, Type II brass disc, for a northerly end of a cutback at the intersection of the northeast right-of-way line of R.M. 2338 and the easterly right- of-way line of said Jim Hogg Drive, at the northwest corner of a called 0.186 acre tract of land as described of record in Document No. 2007053202 of the Official Public Records of Williamson County, Texas, at a southwesterly corner of Lot 1 of the Final Plat of Jim Hogg Commercial Subdivision of record in Document No. 2012104631 of the Plat Records of Williamson County, Texas and for the southeast corner of the tract described herein, from which a TxDOT R.O.W. Monument, Type II brass disc, at the south end of said cutback, for a southwest corner of said Lot 1 and a northerly corner of said 0.186 acre tract bears, S 12' 58' 45" E, a distance of 68.65 feet; THENCE: N 6011 54' 29" W, into said Jim Hogg Drive right-of-way, a distance of 60.28 feet to a found '/2" iron rod with a pink plastic cap stamped "Haynie" at the east end of a cutback at the intersection of the northwest right-of-way line of said Jim Hogg Drive and the northeast right-of-way line of R.M. 2338, at the northeast corner of a called 0.029 acre tract of land as described of record in Document No. 2007082706 of the Official Public Records of Williamson County, Texas, in the east line of the remainder of Lot 8 of said Lakewood Estates Section Subdivision and for the southwest corner of the tract described herein; THENCE: With the east line of said Lot 8 and the northwest right-of-way line of said Jim Hogg Drive, the following two (2) courses: 1. N 33' 36' 23" E, a distance of 355.91 feet to a found mag nail for a point of curvature, and 2. With a non -tangent curve to the left having a radius of 657.71 feet, an arc length of 14.04 feet, a delta angle of 1° 13' 22" and a chord bears, N 34° 19' 06" E, a distance of 14.04 feet to a found'/2" iron rod with a pink plastic cap stamped "Haynie" for the northeast corner of said Lot 8 and the northwest corner of the tract described herein; THENCE: S 571 37' 16" E, into said Jim Hogg Drive right-of-way, a distance of 60.22 feet to a point of curvature in the southeast right-of-way line of Jim Hogg Drive right-of-way, in the northwest line of said Lot 1 and for the northeast corner of the tract described herein; THENCE: With the southeast right-of-way line of Jim Hogg Drive and the northwest line of said Lot 1, the following two (2) courses: 1. With a non -tangent curve to the right having a radius of 717.71 feet, an arc length of 15.57 feet, a delta angle of 1° 14' 35" and a chord bears, S 33° 00' 01" W, a distance of 15.57 feet to a point of non -tangency, and 2. S 33° 40' 551" W, a distance of 350.92 feet to the POINT OF BEGINNING and containing 0.510 of one acre of land situated in Williamson County, Texas. Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. "This document was prepared under 22 Texas Administrative Code § 138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." [22DOOVER ENGINEERING Job # 24-5014 0.510 Acres Date: August 22, 2024 ..................... <' 6528 �. SU Z Q'�FSS��C� & SURVEYING Exhibit C MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND JDW PARTNERS LP This ltill icip tI Services Agreement ("Agreement") is entered into on the day of 2024 by and between the City of Georgetown, Texas, a home -rule municipality of the State of Texas ("City") and JDW Partners LP ("Owner"). The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land located at 6602 Jim Hogg Drive, Georgetown, Texas 78633, which consists of approximately 1.44 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for annexation of the Property, identified as Annexation Case No. 2024-5-ANX ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Georgetown City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 6602 Jim Hogg Drive (2024-5-ANX) Municipal Service Agreement 1 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. i. Fire Protection and Emergency Medical Services _- The City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department. ii. Police - The City's Police Department will provide protection and law enforcement services. iii. Planning and Development, Building Permits, and Inspections Services - Upon annexation, the City will provide site plan review; zoning approvals; Building Code and other standard Code inspection services; City Code enforcement; sign regulations and permits; and Stormwater Permit services in the annexed. iv. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. V. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vi. Libra - Upon annexation, library privileges will be available to anyone residing in the annexed area vii. Stormwater Utility Services - The Property will be included in the City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees 6602 Jim Hogg Drive (2024-5-ANX) Municipal Service Agreement 2 will cover the direct and indirect costs of stormwater management services. viii. Streets, Roads, and Street Li Ig iting — The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. ix. Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility —City- owned water and wastewater facilities that exist in the annexed area will be maintained in accordance with City ordinances, standards, policies and procedures. X. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Animal Control Services — Upon annexation, the City shall provide animal control services in the annexed area. xiii. Business Licenses and Regulations — Upon annexation, the City shall provide business licensing services (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) in the annexed area b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies, capital improvements schedule, and applicable law and at rates established by City ordinances for such services. The City may impose a fee for any municipal service in the area annexed if 6602 Jim Hogg Drive (2024-5-ANX) Municipal Service Agreement 3 the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. d. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. e. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Williamson County, Texas or the United States District Court for the Western District of Texas, Austin Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers 6602 Jim Hogg Drive (2024-5-ANX) Municipal Service Agreement 4 or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. CITY OF GEORGETOWN Lo 6602 Jim Hogg Drive (2024-5-ANX) Municipal Service Agreement 5 Approved as to Form: Skye NAISS011 City Attorney Attest: Robyn Densmore, TRMC City Secretary State of Texas § County of Williamson § This instrument was acknowledged before me on the /,� day of 2 , by Josh Schroeder, Mayor of the City of Georgetown, a "Texas municipal corporation, on I)ehalf of said corporation. By: r I . " KAREN FROST ''. . o.• 4 = Notary Public, State of Taxes ' Notary Public, State of Texas .? „,' :; Comm. Expires 05-24-2028 Notary ID 10530084 6602 Jim Hogg Drive (2024-5-AN3) Municipal Service Agreement 6 (OWNER 1) By:killyw ring Registered Agent, JDW Partners LP State of Texas § County 0f ��Gt f�CL § This instrument was acknowledged before me on any)] on behalf of s id where applicable]. 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