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HomeMy WebLinkAboutRES 062425-5.F - ETJ Disannexation - Noel Henslet and Manne Martin - 10.548 acresRESOLUTION NO. QG zgzs 'SY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 10.548 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCEL R613448, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 2, 2025, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 10.548 acre tract of land in the A.H. Porter 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. Q(p;Z){ 25 -S. F Release of Petition Area — Hensley/Martin PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the 75A44dayof.2025. ATTEST: By: Robyn Dens ore, City Secretary APPROVED AS TO FORM: By: At& W&-- Skye MaXon. C' ty Attorney Page 12 Resolution No. ��C,��{ 5. (v Release of Petition Area — Hensley/Martin Exhibit A Petition Resolution No. Release of Petition Area COBS &JOHNS 13341 West US-290, Building 2 Austin, Texas 78737 bill@cobbjohns.com 512-399-3150 May 30, 2025 JUN 0 2 2025 Skye Masson CITY SEC. City of Georgetown, City Attorney 809 Martin Luther King, Jr. Street Georgetown, Texas 78626 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Georgetown Dear Ms. Masson, Noel Hensley and Anne Martin ("Owners") file this Petition pursuant to TEX. Loc. GOV'T CODE § 42.102. 2. Noel Hensley and Anne Martin own property within the extraterritorial jurisdiction of the City of Georgetown located at Harrison Lane, Georgetown, Texas 78628, PID R613448 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owners hereby Petition the City of Georgetown to release of Owners' Property from its extraterritorial jurisdiction. 4. Pursuant to TEx. Loc. Gov' T 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. GoV'T CODE § 42.101 and the petition requirements of TEx. Loc. Gov'T CODE § 42.104. 5. Owners' Property meets the applicability requirements of TEx. Loc. GOV'T CODE § 42.101. 6. As set forth in Exhibit B, Affidavits of Owners, and as set forth in TEx. Loc. GOV'T CODE § 42.101, the undersigned 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: May 30, 2025 © Cobb & Johns PLLC Page 1 COBB JOHNS (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 an 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. 7. This Petition meets the requirements of TEX. Loc. GoV'T CODE § 42.104. 8. As required by TEx. Loc. GOV T CODE § 42.104(a)(2), Owners' collective value in the Property constitute more than 50% of the value of the Property, as indicated by the tax rolls of the Williamson Central Appraisal District. 9. As required by TEX. Loc. GOV'T 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. GOVT 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 May 30, 2025 © Cobb & Johns PLLC Page 2 COBB JOHNS (D) the date of signing. 12. As required by TEX. Loc. GoVT CODE § 42.104(b), Owners 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 signatures collected under this section are in writing. 14. As required by TEX. Loc. GoV T CODE § 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes as "Tract One" and "Tract Three" collectively the boundaries of the land to be released by: (1) metes 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. GOV'T 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 Owners, who filed this Petition under Section 42.102. 16. Pursuant to TEX. Loc. GOVT CODE § 42.105(c), because Owners have 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 —Owners' Property —from the City's extraterritorial jurisdiction. 17. Pursuant to TEX. Loc. GOV'T CODE § 42.105(d), if the City fails to take action to release Owners' 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 — Owners' Property —is released by operation of law. May 30, 2025 © Cobb & Johns PLLC Page 3 AFFIDAVIT OF ANNE MARTIN 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, Anne Martin, who under oath stated as follows: L My name is Anne Martin. 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. I am a property owner in the extraterritorial jurisdiction of the City of Georgetown. My property is located at the following address: Harrison Lane, Georgetown, Texas 78628, PID R613448 (the "Property"). 3. There are 2 owners of the Property: Noel Hensley and Anne Martin. I own 50% of the interest in the Property. 4. 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 an 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. S. 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. 6. I swear that I satisfied the signature requirement of TEx. Loc. GoVT CODE § 42.104(b) within 180 days following the date the first signature for the petition was obtained. cC�2' Anne Martin Sworn and subscribed to before me on this the day of May, 2025. JAMES JOMN BEEMAN C and for the State of Texas -Notary Public, State of Toxas Comm. Expires 02-17-2029 .... Notary ID 135501947 © Cobb & Johns PLLC EXHIBIT B AFFIDAVIT OF NOEL HENSLEY IN SUPPORT OF PETITION FOR RELEASE FROM THE ExTRATERRITORiAL JURLSDICTION OF THE CITY OF GEORGETOwN Before me, the undersigned authority, on this day personally appeared, Noel Hensley, who under oath stated as follows: 1. My name is Noel Hensley. 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. I am a property owner in the extraterritorial jurisdiction of the City of Georgetown. My property is located at the following address: Harrison Lane, Georgetown, Texas 78628, PID R613448 (the "Property"). 3. There are 2 owners of the Property: Noel Hensley and Anne Martin. I own 50% of the interest in the Property. 4. 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. GoVT CODE § 43.0117, at which an 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. 5. 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. 6. I swear that I satisfied the signature requirement of TEE. Loc. Gov'T CODE § 42.104(b) within 180 days following the date the first signature for the petition was obtained. _ wW �4C4 Noel Hensley Sworn and subscribed to before me on this the day of May, 2025. JAMES JOHN BEEMAN and for the State of Texas Notary Public. State of Texa9 Comm. Expires 02-17-2029 Notary ID 135901947 © Cobb & Johns PLLC COBB JOHNS OWNER NAME: NOEL HENSLEY �,6�1 Signature - J Date of birth Voter registration number D/A./mi. Voter county of registration 3� z/ Oa r/vyak— Residence address Date of signing OWNER NAME: ANNE MARTIN Signature Date of birth MEMENE— Voter registration number Be,/l Voter county of registration HZD wioferson Palc'01-11Pem Residence address —rx 140 Date of signing May 30, 2025 © Cobb & Johns PLLC Page 4 ExiHisiT A DEED AND PROPERTY MAP © Cobb & Johns PLLC ELECTRONICALLY RECORDED 2024047593 Williamson County, Texas Total Pages: 4 Notice of confidentiality rights: if you are a natural person, you may remove or strl y of the following Information from this instrument before it Is filed for record in the p bl� records: your Social Security number or your driver's license number. Special Warranty Deed O Date:.7,vnc- !4-, 2024 Grantor. Noel Hensley, a single woman Grantor's Mailing Address: 3621 Overbrook Drive, Dallas, T S2 Grantees: (1) Noel Hensley, a single woman (2) Anne Martin, a married woma , as h parate preppy TO BE HELD AS JOINT Grantees' Mailing Address: (1) Noel Hensley, -36 (2) Anne Marto 0� Consideration: As a gi$� idu Property (incl certain real pi "A," attached Reservations Exceptions �1�TS'WI'l i 1'RIGHT OF SURVIVORSHIP Crook Drive, Dallas, Texas 75205 Sun Drive, Harker Heights, Texas 76548 any consideration 0#1s): To each Grantee, an equal, undivided interest in it County of Williamson, State of Texas, as described on Exhibit part hereof by reference for all pertinent purposes. None umce and Warranty: All presently recorded restrictions, reservations, easements, liens, and other matters of record in the above county. �6 toy, for the Consideration and subject to the Reservations from Conveyance and the Ex I ns Conveyance and Warranty, grants, transfers, and conveys Grantor's interest in the � Prope to Grantees, as joint terns with right of survivorship, in the Property, together with all '�aitd s; far the rights and appurtenances thereto in any way belonging, to have and to hold it to each Grantee and each Giautec's heirs, administrators, executors, and assigns forever. Grantor binds Grantor and Grantor's heirs, administrators, executors, and assigns to wanunt and forever defend all and singular the Property to each Grantee and each Grantee's heirs, administrators, Executors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, er-cept as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. V Noel Hensley THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the y 2024, by NOEL HENSLEY. n i�/1 AFTER RECORDING, 4885-1M4466, v.1 Notary•P01 jt`a%'ofrexas IOU T � • I • �•� �: ii'. ( EXPk" Mild) 6'2M8 /l \ PREPARED IN THE LAW OFFICES OF: Beard Kultgen Brophy Bostwick & Dickson PLLC 220 South Fourth Street Waco, Texas 76701 Tax Parcel: R613448 1 _ 2024047593 Page 4 of 4 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2024047593 Pages: 4 Fee: $33.00 06/14/2024 04:09 PM OSALINAS o Nancy E. Rister, County CI Williamson County,Te as 0 00 0 0 EXHIB17' "A" TRACT ONE: �& _ All that certain 10.548 acre tract of land out of the A. H. Porter Survey, Abstr�d, t(No:'490, in Williamson County, Texas, and being more particularly described in metes and bout& -in Exhibit A attached to that certain Warranty Deed dated February 3, 2021 by Harrison \' ; Texas limited liability company, as Grantor, and Noel Hensley, as Grantee, which ded in the Official Public Records of Williamson County, Texas on February 4, 20?�-1� M::f 4- a Being a 60 foot wide non-exclusive access easement out of the kji. Poitez Survey, Abstract No. 490, in Williamson County, Texas, and being more particularly descin metes and bounds in Exhibit B attached to that certain Warranty Deed dated Febr ty�3�2;*X by Harrison 209, LLC, a Texas limited liability company, as Grantor, and Noel H ley,�as-Gfantee, which was recorded in the Official Public Records of Williamson County, Teton Fp�ruary 4, 2021. TRACT THREE: All that certain 1.508 acre tract of land our c Williamson County, Texas, and being more -par C attached to that certain Warranty Deed dafed limited liability company, as Grantor, and Noe Official Public Records of Williams 'n- unty, O D O 405-1097-USS, v. 1 F the :A: H ` Porter Survey, Abstract No. 490, in icul' ly described by metes and bounds in Exhibit February 3, 2021 by Harrison 209, LLC, a Texas Hensley, as Grantee, which was recorded in the ii xas on February 4, 2021. Exhibit B Legal Description and Map Resolution No. Release of Petition Area EXHIBIT "A" TRACT ONE: All that certain 10.548 acre tract of land out of the A. H. Porter Survey, Abs t No. , in Williamson County, Texas, and being more particularly described in metes and Exhibit A attached to that certain Warranty Deed dated February 3, 2021 by Hamso Texas limited liability company, as Grantor, and Noel Hensley, as Grantee, which�a ec ded in the Official Public Records of Williamson County, Texas on February 4, 20 . FITTO-Iffl-Mell Being a 60 foot wide non-exclusive access easement out of the A. 1�" Survey, Abstract No. 490, in Williamson County, Texas, and being more particular desc m metes and bounds in Exhibit B attached to that certain Warranty Deed dated Feb 0 by Harrison 209, LLC, a Texas limited liability company, as Grantor, and Noel H y, tee, which was recorded in the Official Public Records of Williamson County, T on Fruary 4, 2021. TRACT THREE: All that certain 1.509 acre tract of land r Williamson County, Texas, and being mordpar C attached to that certain Warranty Deed dated limited liability company, as Grantor, and Noe Official Public Records of Williams rt,County, O O O O 4885.18®T4455, v. 1 t-W Porter Survey, Abstract No. 490, in � described by metes and bounds in Exhibit pry 3, 2021 by Harrison 209, LLC, a Texas ley, as Grantee, which was recorded in the on February 4, 2021. Tax Parcel: R613448 Petitioned for ETJ Removal GEORGETOWN NOEL HENSLEY AND ANNE MARTIN C� i `U` 01 ® Property r.._ Georgetown ETJ City Unfits EO 0 300 600 US Feet